Venezia v. Philadelphia Electric Co.

Opinion by

Mr. Justice Drew,

Was plaintiff an employee of defendant when be was injured on June 2, 1931? Tbe trial judge held that be was and that be therefore could not maintain tbis common-law action for damages, and accordingly entered a nonsuit, which tbe court in banc refused to take off. Plaintiff appealed.

Viewed in tbe light most favorable to plaintiff, as it must be, tbe evidence discloses the following facts: For about five years prior to tbe date of tbe accident plaintiff bad been engaged to do common labor by Anthony Tinaglia, a labor contractor. Shortly before tbe accident, Tinaglia…