Hirsh v. Patrick McGovern, Inc.

Opinion by

Cunningham, J.,

In the spring of 1926 the City of Philadelphia was constructing a subway on North Broad Street, in order that additional transportation facilities might be afforded the public. A contract for the performance of the work had been awarded to Patrick McGovern, Inc., defendant below and appellee herein; it was stated of record that he “was an independent contractor......and used dynamite to blast out rocks at the time of excavation.”

Appellant, G. Gould Hirsh, was the owner and occupier of a building at No. 4717-21 on that street, used as an automobile sales room and…