KELLY v. DELAWARE RIVER JOINT COMMISSION

No. 10297.

187 F.2d 93 (1951)

KELLY v. DELAWARE RIVER JOINT COMMISSION et al.

United States Court of Appeals Third Circuit.

Filed January 26, 1951.

Rehearing Denied February 22, 1951.


Attorney(s) appearing for the Case

Henry D. O'Connor, Philadelphia, Pa. (Joseph W. O'Connor, Edward A. O'Neill, Francis J. McLaughlin, Philadelphia, Pa., on the brief), for appellant.

Herbert A. Barton, Philadelphia, Pa. (Swartz, Campbell & Henry, Philadelphia, Pa., on the brief), for appellees Delaware River Joint Commission and J. I. Hass Co.

Philip Price, Philadelphia, Pa. (Jay B. Leopold, Philadelphia, Pa., on the brief), for appellee Philadelphia Transp. Co.

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


BIGGS, Chief Judge.

The case at bar presents a question of pleading. The plaintiff filed his complaint on January 21, 1949, alleging that he had suffered injuries while working on the Delaware River Bridge and seeking damages. The Philadelphia Transportation Company filed a motion to dismiss the complaint on February 15, 1949, and J. I. Hass Co., Inc., and The Delaware River Joint Commission filed similar motions six days...

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