Philadelphia Electric Co. v. Julian

Opinion by

Mr. Justice Cohen,

This is an appeal by defendant subcontractor from a judgment n.o.v. entered in favor of defendant James Julian, Inc. Julian had contracted with the Pennsylvania Department of Highways to widen and resurface a portion of Baltimore Pike in Delaware County. Julian in turn employed defendant, L. S. Lee and Son, an independent subcontractor, to erect guard rail fencing along the south edge of the widened highway.

Along that edge, plaintiff maintained a high pressure underground gas distribution main. Well before the project was begun, Julian was made aware of the…