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MARTIN v. SWIFT

No. 12528.

258 F.2d 797 (1958)

James MARTIN, Administrator of the Estate of Peter A. Martin, Deceased, on Behalf of the Next of Kin of Peter A. Martin, Deceased, and James Martin, Administrator of the Estate of Peter A. Martin, Deceased, Appellant, On Behalf of the Estate of Peter A. Martin, Deceased, Appellant, v. Inez Geraldine SWIFT.

United States Court of Appeals Third Circuit.

Decided August 7, 1958.

Attorney(s) appearing for the Case

H. Fred Mercer, Pittsburgh, Pa. (Mercer & Buckley, F. Chalmers Houston, Jr., Pittsburgh, Pa., on the brief), for appellant.

Thomas F. Weis, Pittsburgh, Pa. (Weis & Weis, Pittsburgh, Pa., on the brief), for appellee.

Before MARIS, KALODNER and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

This suit for damages resulting from the death of Peter A. Martin was instituted by James Martin, Administrator of the Estate of Peter A. Martin ("plaintiff"), under the Pennsylvania Wrongful Death Act1 and the Pennsylvania Survival Act.2 Jurisdiction is based on diversity of citizenship.

The jury was directed to return a special verdict and in response to specific interrogatories...

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