SETTLEMYER v. VAN ETTEN

Civil Actions Nos. 1449, 1450.

49 F.Supp. 955 (1943)

SETTLEMYER et al. v. VAN ETTEN. WILLIAMS v. SAME.

District Court, W. D. Pennsylvania.

April 16, 1943.


Attorney(s) appearing for the Case

A. F. Burkardt, of Pittsburgh, Pa., for plaintiffs.

Dalzell, McFall & Pringle and John R. Bredin, all of Pittsburgh, Pa., for defendant.


GIBSON, District Judge.

After verdict for defendant the complaints have moved for a new trial.

The woman complainant, with another woman, was struck and injured by defendant's automobile driven by himself. At the time the women were attempting to cross Liberty Avenue, under an umbrella, on a very dark night and in the midst of an extraordinarily heavy rainstorm. In crossing they had gone to the top of a safety island in the street, at a point some distance...

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