BYRNE v. MATCZAK

No. 12443.

254 F.2d 525 (1958)

Elisabeth M. BYRNE, Administratrix of the Estate of Alice Mora, Deceased, v. Michael A. MATCZAK and Ernest Stancick, Individually and Jointly and Trading as Tylersport Garage, Appellants.

United States Court of Appeals Third Circuit.

Decided April 23, 1958.


Attorney(s) appearing for the Case

Henry Temin, Philadelphia, Pa. (Max E. Cohen, Francis E. Marshall, T. Henry Walnut, Philadelphia Pa., on the brief), for appellants.

B. Nathaniel Richter, Philadelphia, Pa. (Kenneth Syken, Richter, Lord & Levy, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


HASTIE, Circuit Judge.

This action was brought by the administratrix of the estate of Alice Mora, who was killed when the passenger car she was driving collided "head-on" with a truck driven by Philip Freed, the defendants' servant. The accident occurred in Pennsylvania. Jurisdiction is based on diversity of citizenship, and the plaintiff seeks to enforce rights under the Pennsylvania Wrongful Death and Survival Statutes. 12 P.S. § 1601; 20 P.S. § 320.603...

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