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SHENKO v. JACK COLE CO.

No. 8624.

147 F.2d 361 (1945)

SHENKO v. JACK COLE CO., Inc.

Circuit Court of Appeals, Third Circuit.

Decided February 14, 1945.

Attorney(s) appearing for the Case

B. Nathaniel Richter, of Philadelphia, Pa. (Maximillian J. Klinger and Milton S. Leidner, both of Philadelphia, Pa., on the brief), for appellants.

Henry S. Ambler, of Philadelphia, Pa. (Frank R. Ambler, of Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH and McALLISTER, Circuit Judges, and GIBSON, District Judge.

GIBSON, District Judge.

After verdict for the defendant the complainants have appealed.

The complainants' decedent, Joseph E. Shenko, Jr., six years of age, was instantly killed on January 6, 1943, as a result, it is claimed, of having been struck by the appellee's truck and trailer at the corner of New Market Street and Fairmount Avenue in the City of Philadelphia, Pennsylvania.

The only person who testified that he was an eyewitness of the accident...

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