Schwoerer v. PHILADELPHIA

Opinion by

Arnold, J.,

Plaintiff sued the City of Philadelphia for damages sustained when he drove his car into an unprotected ditch extending across his side of the cartway of a public street. The city brought in as an additional defendant (1) Emiddio Leva, 1 who dug and maintained the ditch, and also (2) Edward P. Biggans, Jr., a plumber to whom the city had issued a permit to break the street. The jury rendered a verdict for the plaintiff against the city, with liability over to it from Leva. Biggans was exonerated.

From the judgment entered in favor of the plaintiff the city appealed in No.…