MENNETI v. EVANS CONSTRUCTION COMPANY

No. 16400.

160 F.Supp. 372 (1958)

Edward MENNETI, Administrator of the Estate of Marc Albert Warner, Deceased, Plaintiff, v. EVANS CONSTRUCTION COMPANY and William M. Cadman and William Morrow, trading as Morrow's Contracting Company, Defendants.

United States District Court E. D. Pennsylvania.

March 10, 1958.


Attorney(s) appearing for the Case

Maximillian J. Klinger, Philadelphia, Pa., for plaintiff.

Hodge, Hodge & Cramp, Media, Pa., by John F. Cramp, Ralph B. D'Iorio, Media, Pa., for Evans Const. Co.

Swartz, Campbell & Henry, Philadelphia, Pa., by Joseph Head, Jr., Philadelphia, Pa., for Morrow Contracting Co.


KRAFT, District Judge.

This diversity action to recover damages for the death of a minor by drowning is governed by the substantive law of Pennsylvania. The jury rendered a verdict against both defendants, awarding damages of $45,000 in the survival action and $385 in the wrongful death action. Decision was reserved on defendants' motions for directed verdict at the close of all the evidence. Defendants filed post-trial motions, under F.R. C.P. 50(b), 28 U.S.C.A....

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