Appeals, nos. 63 and 64, March T., 1962, from judgments of Court of Common Pleas of Cambria County, Dec. T., 1957, Nos. 702 and 703, in cases of Dolores M. Dorofey, administratrix of estate of Cenifon Dorofey, deceased, v. Bethlehem Steel Company, and Julia Bender, administratrix of estate of Algerd A. Bender, deceased, v. Same. Judgments affirmed.
H. Clifton McWilliams, Jr., with him Benjamin Hinchman, III, and McWilliams, Margolis & Coppersmith, for appellants.
Gilbert J. Helwig, with him Francis A. Dunn, and Reed, Smith, Shaw & McClay, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.
Judgments affirmed on the opinion of WOLFE, J., which is reported in 26 Pa. D. & C. 2d 674.
ING OPINION BY MR. JUSTICE MUSMANNO:
On the morning of November 14, 1956, Algerd A. Bender and Cenifon Dorofey, employees of the Industrial Pipe Cleaning Company, entered into a large pipe or aqueduct (7 feet 7 inches high and 6 feet wide) beneath the plant of the Bethlehem Steel Company in Johnstown, for the purpose of recovering a "drag", a cleaning device, which had become stuck during the cleansing of the aqueduct which carries off industrial waste and storm waters from the steel plant and empties them into the Conemaugh River. The men were never seen again alive.
When an hour or so had passed after they had entered into the aqueduct, and they did not reappear, Dorsey Dorofey, brother of Cenifon, entered into the aqueduct to look for them. He found their dead bodies close to what has been designated as a "lateral", that is, a pipe 36 inches in diameter, opening into the main line. Water pours through this "lateral" into the main line in order to give the stream in the latter conduit vigorous motion and speed in bearing away the impurities and debris dumped into it from the plant's operations.
Dorsey Dorofey discovered that at this point where the lateral pipe connects with the main line, the water
ran so swiftly that he could scarcely maintain equilibrium and had to hold on to a cable to ...