SCHMIDT v. LIZZA

No. 10300.

185 F.2d 675 (1950)

Ernest A. SCHMIDT and Robert A. Schmidt, a Minor, by His Next Friend, Ernest A. Schmidt, Appellants, v. Bedy LIZZA and Ernest De Blasio, Doing Business as Keystone Fireworks & Specialty Company.

United States Court of Appeals Third Circuit.

Decided December 29, 1950.


Attorney(s) appearing for the Case

Marvin D. Power, Pittsburgh, Pa. (Margiotti & Casey, Pittsburgh, Pa., Henry J. Brandt and Poppenhusen, Johnston, Thompson & Raymond, all of Chicago, Ill., on the brief), for appellants.

Joseph F. Weis, Pittsburgh, Pa. (Sherriff, Lindsay, Weis & McGinnis, Pittsburgh, Pa., on the brief), for appellees.

Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.


PER CURIAM.

This is an appeal by the plaintiff from a judgment entered on the verdict of a jury for the defendants in a civil action for damages for injuries suffered by the minor plaintiff as a result of the premature explosion in Nebraska of an aerial bomb alleged to have been negligently manufactured by the defendants who were also charged to have violated an alleged implied warranty of fitness. The plaintiffs allege errors in the charge of the trial judge with...

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