Howard Jamison, Administrator of the Estate of Julius Colosimo, Deceased v. Ei Nardo, Inc., a Corporation v. Equitable Gas Company, a Corporation

McLAUGHLIN, Circuit Judge.

The judgments appealed from are based on jury verdicts in favor of the plaintiff against the defendant under the Pennsylvania Wrongful Death and Survivor Acts respectively and a judgment in favor of the third-party defendant and against the defendant as third-party plaintiff.

On October 29, 1956, plaintiff’s decedent, Julius Colosimo, was a crew foreman employed by Equitable Gas Company, the third-party defendant. On that date the defendant, DiNardo, Inc., was driving pile in West Carson Street, Pittsburgh, Pennsylvania. Equitable Gas maintained a twenty inch gas main…