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WALSH v. PITTSBURGH

379 Pa. 229 (1954)

Walsh v. Pittsburgh (et al., Appellant).

Supreme Court of Pennsylvania.

November 8, 1954.

Attorney(s) appearing for the Case

James J. Burns, Jr., with him Tom P. Monteverde, for appellant.

Edward A. Schultz, with him Seif, Schultz & Frost, for appellee.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE MUSMANNO, Nov. 8, 1954:

On July 7, 1950, the Pavia Company (in this Opinion to be referred to as Pavia), a contracting corporation, engaged with the Commonwealth of Pennsylvania to make certain excavations on Beechwood Boulevard in the City of Pittsburgh for the purpose of placing beneath the highway a 20" high pressure water pipe. In the performance of this work, Pavia dug or permitted to develop in the excavation process, a trench about 15...

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