Ference v. Booth and Flinn Co.

Opinion by

Mr. Chief Justice Drew,

Booth and Flinn Company, a Pennsylvania Corporation, defendants, while constructing a road for the Commonwealth allegedly caused a subsidence of a higher road rendering it impassible and making it necessary for busses owned by plaintiffs to detour, with a resultant loss of patronage and increased expenses. To recover damages for the loss thus suffered plaintiffs brought this suit. At the conclusion of plaintiffs’ evidence a non-suit was entered. This appeal is from an order refusing to remove that non-suit.

On November' 30,' 1944, defendant entered into, a…