Dinio v. GOSHORN

Opinion by

Mr. Justice O’Brien,

Albert J. Dinio, appellee, was employed by Margaret Check Sterbak and John G. Check, Jr., the oper*226ators of John G. Check Furniture Co. While in the course of his employment, on October 23, 1961, appellee suffered personal injuries when a section of sidewalk gave way under the leg of a ladder on which he was standing while engaged in cleaning the marquee of the Check store.

The ladder had been placed in such fashion that one of its legs was between two water plugs in the sidewalk. The concrete between these two water plugs broke and the broken cement dropped into a…