Jessup v. Sloneker

Citations

• 142 Pa. 527
• 21 A. 988
• 1891 Pa. LEXIS 770

Syllabus

<p>1. The duty of properly guarding a ditch, lawfully opened across a borough sidewalk, is upon the person who procures the excavation to be made and who has direction and control of the work, and not upon the laborer employed to do the work.</p> <p>2. In an action for negligence in leaving such ditch unguarded, the jury haying found, under proper instructions, that the defendant in opening the ditch was working under the direction of another, and had no charge except as so directed, a judgment for defendant was not error.</p>