Simon v. Philadelphia Rapid Transit Co.

Opinion by

Mr. Justice Maxey,

A company in carrying out its contract with defendant to paint the structure of the Frankfort Elevated Railroad, operated by defendant, employed several painters and cleaners. Among the latter was plaintiff’s husband, Louis Simon. It was his duty to prepare the steel surface for the paint by scraping off the old paint. On November 19, 1929, Simon began work at 8 a. m. near Torresdale Station and about an hour and a half later he was struck and killed by a northbound elevated train.

The elevated railroad at this point has both a northbound and southbound track. East…