Warden v. Pennsylvania Rd.

This cause originated in the court

of common pleas of Cuyahoga county, in which Charles E. Warden sued the H. E. Culbertson Company and the Pennsylvania Railroad Company, jointly. This cause involves the same record as H. E. Culbertson Co. v. Warden, ante, 297, 175 N. E., 205, this day decided.

The petition alleged that the two defendants in the trial court were engaged in the construction of an overhead trestle over one of the streets in the city of Cleveland, Ohio; that said street is a busy thoroughfare, and that in the course of the construction of said trestle it was required that a…