Copertino v. Chrobak

Opinion by

Mr. Justice Horace Stern,

At about eleven o’clock on the morning of November 4, 1938, plaintiff, who was working with a gang of men on a W. P. A. highway project in Lackawanna County, was struck by an automobile. The highway ran in an easterly-westerly direction, and was of concrete, straight, level, and twenty feet in width with three-foot shoulders. Plaintiff was helping to dig a shallow ditch in the shoulder to the south. Flagmen were stationed 375 feet in both directions from where the men were working. According to plaintiff’s version of the accident, he stepped from the ditch…