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SMITH v. BELL TELEPHONE CO. OF PA.

397 Pa. 134 (1959)

Smith, Appellant, v. Bell Telephone Company of Pennsylvania.

Supreme Court of Pennsylvania.

July 2, 1959.

Attorney(s) appearing for the Case

Jack Brian, with him Berman, Richard & Brian, for appellants.

Edward H. Bryant, Jr., with him Lutz, Fronefield, Warner & Bryant, for appellees.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and McBRIDE, JJ.

OPINION BY MR. JUSTICE McBRIDE, July 2, 1959:

This case is here on plaintiff's appeal from the refusal of the court below to take off a compulsory nonsuit.

In 1948 defendant, Counties Contracting and Construction Company, under contract to defendant, Bell Telephone Company of Pennsylvania, constructed an underground conduit to carry telephone lines along Baltimore Avenue in Lansdowne, Pennsylvania. In 1950 after an...

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