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COX v. SHAFFER

223 Pa.Super. 429 (1973)

Cox, Appellant, v. Shaffer.

Superior Court of Pennsylvania.

March 27, 1973.

Attorney(s) appearing for the Case

Milton D. Rosenberg, with him W. Bryan Pizzi, II, and Bloom, Bloom, Rosenberg & Bloom, for appellant.

Thomas L. Anderson, for appellee.

Before WRIGHT, P.J., JACOBS, HOFFMAN, SPAULDING, CERCONE, and PACKEL, JJ. (WATKINS, J., absent.)

OPINION PER CURIAM, March 27, 1973:

Glenn Cox, an employee of Agway, Incorporated, died on May 3, 1970 from asphyxiation when overcome with lethal fumes after entering a silo through a hatch in the top. The silo had been constructed for Agway in January, 1970, by Donald Shaffer, d/b/a Shaffer Construction Co.

Suit was thereafter instituted against Shaffer by the Administratrix of Cox's Estate, the Complaint alleging that Cox had fatally suffocated from lack...

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