Dorofey v. Bethlehem Steel Co.

Dissenting Opinion by

Mr. Justice Musmanno:

On the morning of November 14, 1956, Algerd A. Bender and Cenifon Dorofey, employees of the Industrial Pipe Cleaning Company, entered into a large pipe or aqueduct (7 feet 7 inches high and 6 feet wide) beneath the plant of the Bethlehem Steel Company in Johnstown, for the purpose of recovering a “drag”, a cleaning device, which had become stuck during the cleansing of the aqueduct which carries off industrial waste and storm waters from the steel plant and empties them into the Conemaugh River. The men were never seen again alive.

When an hour or so…