Lakata v. DiSandro

Opinion by

Hirt, J.,

The defendant had excavated a trench along the west side of Burholme Avenue running northwardly 400 feet from Stanwood Street to Solly Avenue in the City of Philadelphia under a contract with the city for the construction of a sewer. Solly and Burholme Avenues come together in an inverted L intersection. Plaintiffs lived on the east side of Burholme Avenue some distance south of Solly Avenue. The wife-plaintiff’s mother lived on the west side of Burholme Avenue diagonally across from her daughter’s home. About 8 p.m. on October 26, 1949, this plaintiff, intending to go to…