JAFFE v. PHILADELPHIA & WESTERN R. CO.

No. 9958.

180 F.2d 1010 (1950)

JAFFE v. PHILADELPHIA & WESTERN R. CO.

United States Court of Appeals Third Circuit.

Filed March 15, 1950.

As Amended April 19, 1950.


Attorney(s) appearing for the Case

B. Nathaniel Richter, Philadelphia, Pa. (D. J. Farage, Richter, Lord & Farage, Philadelphia, Pa., on the brief), for appellant.

Charles J. Biddle, Philadelphia, Pa. (Francis Hopkinson, Drinker, Biddle & Reath, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN and KALODNER, Circuit Judges, and FEE, District Judge.


McLAUGHLIN, Circuit Judge.

This is a negligence action involving the death of plaintiff's intestate. It was tried to the court sitting without a jury. From a judgment in favor of the defendant, plaintiff appeals.

Before considering the merits, there is a preliminary jurisdictional problem that must be passed upon. The accident happened in Pennsylvania. The deceased was a resident of that state as were, and are, his widow and children and the defendant corporation...

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