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GRAINY v. CAMPBELL

269 Pa.Super. 225 (1979)

409 A.2d 860

Thomas A. GRAINY, a minor, by Thomas F. Grainy, and Dorothy A. Grainy, his parents and natural guardians, and Thomas F. Grainy and Dorothy A. Grainy in their own right v. Bruce A. CAMPBELL, an Individual, Turner Dairy Farms, Inc., a corporation, Charles G. Turner, an Individual, Lydia C. Turner, an Individual, M. O'Herron Co., a corporation, Equitable Gas Company, a corporation, and Peoples Natural Gas Company, a corporation (two cases). Appeal of M. O'HERRON COMPANY. Appeal of PEOPLES NATURAL GAS COMPANY at No. 748. Appeal of Bruce A. CAMPBELL, an Individual, and Turner Dairy Farms, Inc. at No. 754.

Superior Court of Pennsylvania.

Filed September 6, 1979.

Petition for Allowance of Appeal Granted February 13, 1980.

Attorney(s) appearing for the Case

Robert E. Wayman, Pittsburgh, for appellant at No. 714.

John R. Kenrick, Pittsburgh, for appellant at No. 748 and appellee at Nos. 714 and 754.

James E. Coyne, Pittsburgh, for appellants at No. 754 and appellees at Nos. 714 and 748.

Harry Zimmer, Pittsburgh, for Thomas A. Grainy, et al., appellees at Nos. 714, 748 and 754.

Before CERCONE, WIEAND and HOFFMAN, JJ.

WIEAND, Judge:

On the morning of Saturday, September 25, 1971, Thomas A. Grainy, a minor, and five other Boy Scouts were hiking easterly along the northern berm of Saltsburg Road, a two-lane thoroughfare in Plum Township, Allegheny County. As they walked along the berm the boys came upon an open ditch estimated to be three feet square and four feet deep. This excavation had been made by M. O'Herron Co., which had contracted with Peoples Natural Gas Company to replace...

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