Harrison v. Gallivan Const. Co.

■ The opinion of the Court was delivered by

Mr. Chile Justice; Stabler.

In this case we concur in so much of the opinion prepared by Mr. Justice Baker as holds that there was sufficient testimony to take the case to the jury on the question of the appellant’s actionable negligence. The history of the case is fully set forth in his opinion. We are unable to concur in the conclusion reached by him that the respond ent was guilty of contributory negligence as a matter of law.

When the appellant barricaded the sidewalk, it constructed a walkway alongside the street, which the public was impliedly…