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MAGENAU v. ÆTNA FREIGHT LINES

No. 12518.

257 F.2d 445 (1958)

Jackson D. MAGENAU, Administrator of the Estate of Norman Ormsbee, Jr., Deceased, v. ÆTNA FREIGHT LINES, Inc., Appellant.

United States Court of Appeals Third Circuit.

Decided July 17, 1958.

Rehearing Denied August 14, 1958.

Attorney(s) appearing for the Case

John E. Britton, Erie, Pa. (W.F.Illig, of Gifford, Graham, MacDonald & Illig, Gerald J. Weber, John M. McLaughlin, Erie, Pa., on the brief), for appellant.

M. Fletcher Gornall, Jr., Erie, Pa. (Magenau & Gornall, William W. Knox, Erie, Pa., on the brief), for appellee.

Before MARIS, GOODRICH and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from the District Court for the Western District of Pennsylvania upon a judgment entered in a death by wrongful act case in favor of the administrator of Norman Ormsbee, Jr. The recovery was based on the alleged negligence of the defendant and there was also a finding by the jury that the defendant was guilty of "wanton conduct." The defendant attacks the verdict and judgment on several grounds. The case is in federal court...

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