282, 106 A. 314. . .'"
In Brusis v. Henkels defendants in order to install a 10 inch gas pipe had excavated and back-filled a trench along the north side of a berm of the road. The berm extended 15 inches to 2 feet from the paved portion of the highway and the shoulders were still soft and dangerous. Warning signs (for soft and dangerous shoulders) were posted on the trench side so they could be seen by automobilists traveling on that side of the road. This Court held that the contractor was not liable to a tractor-trailer driver who drove off the paved highway on the wrong side of the road.
The instant case is even stronger for the defendant than the Brusis case. The likelihood of harm tothe plaintiff (or to other users of the highway) could not have been reasonably foreseen from the act of erecting or maintaining the gas pipe line at the position at which it was located and consequently the plaintiff was not within the defendant's orbit of duty.
*443 The judgment entered on the verdict against South Penn Oil Company is reversed and judgment is here entered in its favor non obstante veredicto.
DISSENTING OPINION BY MR. JUSTICE MUSMANNO:
This lawsuit is the story of a road Samaritan who stopped along a highway to give aid to a stricken fellow-traveller and, as a consequence, sustained serious injuries himself, injuries which will cripple and mark him until he goes to his grave. He turned to the courts for redress but he has been so