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GRAINY v. CAMPBELL

493 Pa. 88 (1981)

425 A.2d 379

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 rights, Appellees, v. Bruce A. CAMPBELL, an individual, Turner Dairy Farms, Inc., a corporation, Charles G. Turner, an individual, Lydia C. Turner, an individual, Appellants, v. M. O'HERRON CO., a corporation and Peoples Natural Gas Company, a corporation, Appellees.

Supreme Court of Pennsylvania.

Decided February 4, 1981.

Attorney(s) appearing for the Case

James E. Coyne, Weis & Weis, Pittsburgh, for appellants.

Robert E. Wayman, Pittsburgh, for M. O'Herron Co.

Harry Zimmer, Pittsburgh, for Thomas Grainy, et al.

John R. Kenrick, Pittsburgh, for Peoples Natural Gas Co.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY and KAUFFMAN, JJ.

OPINION OF THE COURT

LARSEN, Justice.

This negligence action raises the question of whether an intervening negligent act of a second actor will discharge a first actor's liability for antecedent negligence.

In 1971, appellee M. O'Herron Co. (contractor) was replacing a gas pipeline for appellee Peoples Natural Gas Co. (gas company) along Saltsburg Road in Plum Township, Allegheny County. An uncovered excavation...

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