Bryne v. Great Atlantic & Pacific Tea Co.

This is an action of tort to recover compensation for damage to property alleged to have been caused by the defendant’s negligence.

There was evidence tending to show that, pursuant to a contract with the Commonwealth to lay water pipes, the plaintiff had stationed a machine known as a Keystone excavator on a public way close to a curbstone and on a part of the street where there had been no excavation; *131that the street was not closed to vehicular traffic but that back of the machine at different points there were wooden horses of the usual type painted with black and white stripes; that an…