Malone Et Ux. v. Union Paving Co.

Opinion by

Mr. Justice Simpson,

This is a very unsatisfactory record. Plaintiffs, who are husband and wife, sued the Union Paving Company and the City of Philadelphia, to recover damages for injuries the wife sustained by reason of the alleged defective condition of a temporary foot crossing over the cart-way of one of the city’s streets. The city, alleging that the crossing had been constructed by or for the Philadelphia Bapid Transit Company, caused a scire facias to he issued against it, as an additional defendant, in the way provided by the Act of April 10, 1929, P. L. 479. The defendants…