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CARLISLE v. KELLY PILE & FOUNDATION CORPORATION

No. 9732.

175 F.2d 414 (1949)

CARLISLE v. KELLY PILE & FOUNDATION CORPORATION.

United States Court of Appeals Third Circuit.

Decided May 18, 1949.

Attorney(s) appearing for the Case

William M. Alper, Philadelphia, Pa. (Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellant.

Louis Wagner, Philadelphia, Pa. (Richard A. Smith, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.

BIGGS, Chief Judge.

The plaintiff, Carlisle, a citizen of New Jersey, brought suit in the court below against Kelly Pile and Foundation Corporation ("Kelly Pile"), a New York corporation, alleging acts of negligence by Kelly Pile which occurred in Delaware and which resulted in injury to Carlisle. The court dismissed the complaint for want of proper venue.1 See Section 51 of the Judicial Code of 1911.2 The...

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