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SMITH v. PHILADELPHIA TRANSP. CO.

Nos. 9720, 9721.

173 F.2d 721 (1949)

SMITH et al. v. PHILADELPHIA TRANSP. CO. (FENIMORE, Third-Party Defendant). STERNER v. PHILADELPHIA TRANSP. CO. (FENIMORE, Third-Party Defendant).

United States Court of Appeals Third Circuit.

Decided February 25, 1949.

Attorney(s) appearing for the Case

Harold Scott Baile, of Philadelphia, Pa. (Bernard J. O'Connell and Frederic L. Ballard, both of Philadelphia, Pa., on the brief), for defendant and third-party plaintiff-appellant.

J. H. Ward Hinkson and John V. Diggins, both of Chester, Pa., and Michael A. Foley, of Philadelphia, Pa. (W. Charles Hogg, Jr., of Chester, Pa., on the brief), for Abigail Sterner, plaintiff-appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

GOODRICH, Circuit Judge.

These cases arise out of a collision between an automobile and a trolley car. The driver of the automobile was Benjamin D. Fenimore. His five-year old son, Benjamin John Fenimore, Mrs. Florence T. Smith and Mrs. Abigail Sterner were the other occupants of the automobile. As a result of the accident the Fenimore child was killed. All the other occupants of the automobile were injured, and the automobile was demolished. In No. 9721, Mrs. Sterner...

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