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BELL v. MYKYTIUK

No. 12173.

246 F.2d 938 (1957)

William J. BELL and Margaret Bell v. Alexander MYKYTIUK. William J. BELL, Appellant.

United States Court of Appeals Third Circuit.

Decided August 9, 1957.

Attorney(s) appearing for the Case

Leonard Turner, Philadelphia, Pa., for appellant.

John J. McDevitt, 3d., Philadelphia, Pa., for appellee.

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

BIGGS, Chief Judge.

On July 3, 1954 at Oxford Circle on Roosevelt Boulevard in northeast Philadelphia the car of the plaintiff Bell and the car of the defendant Mykytiuk collided. The plaintiff instituted suit for personal injuries and property damages and the defendant counterclaimed for damages to his car. Jurisdiction is based on diversity and the law of Pennsylvania, of course, governs.

At the trial the plaintiff testified that he was proceeding around...

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