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BREST v. PHILADELPHIA TRANSPORTATION COMPANY

Nos. 11337, 11338.

216 F.2d 331 (1954)

Robert BREST, Administrator of the Estate of Elizabeth H. Bauer, Deceased, v. PHILADELPHIA TRANSPORTATION COMPANY and William G. Martin.

United States Court of Appeals Third Circuit.

Decided October 26, 1954.

Attorney(s) appearing for the Case

H. Francis DeLone, Philadelphia, Pa. (Jay B. Leopold, Philadelphia, Pa., on the brief), for Philadelphia Transp. Co.

Glen A. Troutman, Philadelphia, Pa. (McWilliams, Wagoner & Troutman, Philadelphia, Pa., on the brief), for William G. Martin.

Arthur M. Harrison, Philadelphia, Pa. (Arnold M. Kessler, Bernstein & Bernstein, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment in favor of the plaintiff in a death by wrongful act case. There was a verdict of $36,500 for the surviving husband and $3,500 for the administrator. The appellants do not deny liability but ask for a reversal on the ground that the damages awarded are excessive. This matter was carefully considered by the district court. It was there pointed out that in the case of a negligent death by wrongful act involving a wife and...

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