PETRY v. H. M. WAGNER CO.

No. 6441.

93 F.2d 423 (1937)

PETRY v. H. M. WAGNER CO., Inc.

Circuit Court of Appeals, Third Circuit.

December 10, 1937.


Attorney(s) appearing for the Case

Philip A. Campbell, Victor Frey, and J. Morris Yeakle, all of Philadelphia, Pa., for appellant.

Richard A. Smith, Thomas J. Clary, and Louis Wagner, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and BIGGS, Circuit Judges.


BIGGS, Circuit Judge.

The appellant brought suit in trespass against the appellee to recover for personal injuries received by him when he was struck by an automobile operated by an employee of the appellee, the accident having occurred within a city block and between street crossings. The learned District Judge entered judgment for the appellee upon a point reserved, on the ground that the appellant was guilty of contributory negligence in testing a known danger...

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