Appeal, No. 40, March T., 1963, from judgment of Court of Common Pleas of Indiana County, Sept. T., 1957, No. 341, in case of Hilda G. Stuck, administratrix of estate of Harold E. Stuck, deceased, v. Keta Gas & Oil Company, Inc. and Charles O. Ingmire. Judgment affirmed.
Donald M. Miller, with him Miller, Buterbaugh and Cope, for appellant.
Earl R. Handler, with him Handler & Malcolm, for appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE O'BRIEN
Appellant commenced wrongful death and survival actions against appellee and Keta Gas & Oil Company, Inc., which actions resulted in a jury verdict for appellee, Keta Gas having obtained judgment in its favor prior to trial. This appeal followed the refusal of appellant's motion for new trial and entry of judgment on the verdict.
Harold Stuck, an employee of the Keta Gas & Oil Company, Inc., was killed when struck on the head by
a device known as a gin pole.*fn1 The accident occurred on July 26, 1956, in Armstrong Township, Indiana County. At the time of the accident, Harold Stuck was helping to unload two A-frames*fn2 which were made of heavy steel and had four sides. These A-frames weighed from eight to ten thousand pounds, and were about thirty-five feet long, and approximately four and one-half feet by six to six and one-half feet wide. The two A-frames had been chained together for the purpose of transportation by the appellee, Charles O. Ingmire, a heavy equipment hauler. The A-frames were transported to the site for the drilling of a gas well. An employee of appellee had driven a tractor and a flat bed trailer on which the two A-frames were chained together to the drilling site and the trailer was stopped near the substructure of the drilling apparatus which was in the process of being erected.
Shortly after the arrival of the tractor and trailer bearing the A-frames, another employee of appellee backed a flat bed winch or hoisting truck to a point about three feet from the center of the A-frames and at right angles with the left side of the A-frames as carried on the trailer.
Harold Stuck had been working on the substructure and stepped from it onto the A-frames to help with the unloading of the A-frames. While Harold Stuck was on the A-frames, the chain was unfastened and a winch line from the hoist truck was fastened around the A-frame nearest the hoisting truck. After the winch line was fastened to the ...