Dissenting Opinion by
Mr. Justice Bell:The degree of care required by the majority opinion imposes too great, too unreasonable, and too impractical a burden upon the defendant. This case is ruled in principle in favor of the defendant by O’Gara v. Philadelphia Electric Company, 244 Pa. 156, 90 A. 529. In that case the electric company had its uninsulated electric wires 8 or 10 feet above the sidewalk where children played. A seven year old boy climbed a pole supporting an awning and while walking along this horizontal- pole came in contact with the uninsulated wire. The entry of a judgment n.o.v. was affirmed by this Court on the ground that the electric company had maintained its wires at a height inaccessible by anyone in the ordinary or usual use of the sidewalk and it was bound to guard against only the ordinary and usual use of the premises. Neither the boy nor anyone lawfully in proximity to defendant’s wires was likely to come in contact with them.
Moreover, the majority neglected to mention in its opinion two very important facts: (1) the decedent knew exactly where the defendant’s wires were strung when he entered the pump-house; (2) The nearest wire was not only 10% feet above the pump-house roof, hut *317was 5 feet horizontally away from the hatch or opening in the pump-house roof, and if the decedent had not negligently let his pipe fall a distance of 5 feet into defendant’s wire, the accident would never have happened.
For these reasons I would enter judgment for the defendant non obstante veredicto.