Dulnikowski v. Stanziano

Opinion by

Montgomery, J.,

This is an appeal from an order granting defendant’s motion for nonsuit. The action was brought by the plaintiff to recover damages for personal injuries sustained on September 23, 1956, when it is alleged that he tripped over a fence which extended over and across the public sidewalk adjacent to the premises of 1712 Fifth Avenue in the Borough of Arnold, Westmoreland County, where the defendant, a general contractor, was engaged in construction work and in the course of such work had placed the fence upon the sidewalk. There was conflicting testimony covering the…