Appeals, Nos. 143 and 144, March T., 1956, from judgments of Court of Common Pleas of Allegheny County, Oct. T., 1951, Nos. 907 and 908, in cases of Violet Luketich et al. v. Duquesne Light Company; Elizabeth Mrasko et al. v. Same. Judgments affirmed.
E. V. Buckley, with him Mercer & Buckley, for appellant.
Chauncey Pruger, with him Reed, Smith, Shaw & McClay, for appellee.
Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.
OPINION BY MR. JUSTICE ARNOLD
Each of the plaintiffs brought suit against the Duquesne Light Company for negligently causing the death of George J. Luketich and of Albert Mrasko. The two cases were tried together, resulting in verdicts for the defendant in each case, and both will be disposed of in one opinion. Upon the refusal of each plaintiff's motion for new trial, the court entered judgment on the verdicts and these appeals followed.
The Pennsylvania Railroad Company had contracted with the Trimble Construction Company to construct a warehouse for the Railroad Company in the city of Pittsburgh, on an area between Sixteenth Street on the east, Twelfth Street on the west, and between Penn Avenue on the north and Liberty Avenue on the south. On this piece of ground was an alley called Spring Way, running east and west about midway between Penn Avenue and Liberty Avenue. The electric wires of the Duquesne Light Company were located along this alley. Before the warehouse could be built the area had to be cleared of buildings and of the lines of the Duquesne Light Company which had supplied electricity to consumers.
The Duquesne Light Company received its orders for removal of lines from the Pennsylvania Railroad Company, but had nothing to do with the contract between the Railroad Company and the Trimble Construction Company. The Light Company removed its electric wires, poles and facilities from time to time as directed by the Railroad Company, and moved westward as the work progressed from Sixteenth Street to Twelfth Street.
On June 16, 1950, the Duquesne Light Company, having completed all the work the Pennsylvania Railroad Company had ordered it to do, removed the poles which had been taken down, and its foreman told the construction engineer of the Trimble Construction Company that the Duquesne Light Company was finished with the work. The foreman received his approval therefor, and left the job.
The two decedents were members of a construction gang of steel workers employed by the Trimble Construction Company to erect the warehouse which work had continued from some time in June, ...