Smith v. Bell Telephone Co.

Opinion by

Me. Justice McBride,

This ease is here on plaintiff’s appeal from the refusal of the court below to take off a compulsory non-suit.

In 1948 defendant, Counties Contracting and Construction Company, under contract to defendant, Bell Telephone Company of Pennsylvania, constructed an underground conduit to carry telephone lines along Baltimore Avenue in Lansdowne, Pennsylvania. In 1950 after an inspection which revealed no structural or other defects, plaintiff purchased a house on Baltimore Avenue. Sometime prior to March 25, 1951, he discovered seepage in his basement, which proved to…