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MENNETI v. EVANS CONSTRUCTION CO.

No. 12590.

259 F.2d 367 (1958)

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

United States Court of Appeals Third Circuit.

Decided September 17, 1958.

Attorney(s) appearing for the Case

Theodore R. Mann, Philadelphia, Pa. (Maximillian J. Klinger, Philadelphia, Pa., on the brief), for appellant.

Joseph Head, Jr., Philadelphia, Pa. (Swartz, Campbell & Henry, Philadelphia, Pa., on the brief), for appellee Morrow's Contracting Co.

Ralph B. D'Orio, Media, Pa. (Hodge, Hodge & Cramp, John F. Cramp, Media, Pa., on the brief), for appellee Evans Const. Co.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

STALEY, Circuit Judge.

This diversity action seeks damages for the death of a minor child who drowned in a ditch dug by defendant Morrow's Contracting Company on the land owned by defendant Evans Construction Company.

The laws of Pennsylvania apply, and the action was brought pursuant to the Pennsylvania Wrongful Death and Survival statutes. 12 Purdon's Pa.Stat.Ann. §§ 1601-1604; 20 Purdon's Pa.Stat. Ann. §§ 320.601, 320.603. The jury verdicts...

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