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HUMPHREY v. LOVEJOY

Nos. 12271-12273.

250 F.2d 879 (1957)

John Richard HUMPHREY, Plaintiff, v. Frank W. LOVEJOY, Defendant and Third Party Plaintiff (Thomas Lahey and Emery Transportation Company, Third Party Defendant, Emery Transportation Company, a Corporation, Appellant). Joanne Collins LOVEJOY, Plaintiff, v. EMERY TRANSPORTATION COMPANY, a Corporation, Defendant and Third Party Plaintiff, and John Humphrey, Defendant (Frank W. Lovejoy, Third Party Defendant, Emery Transportation Company, a Corporation, Appellant). John Richard HUMPHREY, Plaintiff, v. EMERY TRANSPORTATION COMPANY, a Corporation, Defendant and Third Party Plaintiff, Appellant (Frank W. Lovejoy, Third Party Defendant).

United States Court of Appeals Third Circuit.

Decided January 3, 1957.

Attorney(s) appearing for the Case

Randall J. McConnell, Jr., Pittsburgh, Pa. (Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., on the brief), for Emery Transp. Co.

Morris M. Berger, Pittsburgh, Pa. (Berger & Berger, Pittsburgh, Pa., on the brief), for appellees.

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

PER CURIAM.

On special interrogatories the jury found that the concurrent negligence of Lahey and Lovejoy was the proximate cause of the accident in which Humphrey and Joanne Collins, later Mrs. Lovejoy, sustained substantial injuries. The jury also determined that Humphrey did not assume a known risk of injury and that he was not guilty of contributory negligence and that Lahey was in the employ of Emery Transportation Company (Emery), the appellant here, and that...

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