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ROSA v. CITY OF CHESTER, PA.

No. 13030.

278 F.2d 876 (1960)

Ellis C. ROSA, Administrator of the Estate of Augustus Howard Cooper, Deceased, Appellant v. CITY OF CHESTER, PA.

United States Court of Appeals Third Circuit.

Decided May 16, 1960.

Rehearing Denied June 10, 1960.

Attorney(s) appearing for the Case

George W. Thompson, Upper Darby, Pa. (Baile, Thompson & Shea, Upper Darby, Pa., on the brief), for appellant.

Melvin G. Levy, Chester, Pa. (Albert Blumberg, Chester, Pa., McClenachan, Blumberg & Levy, Chester, Pa., on the brief), for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

This is a survival action1 brought by the administrator of the estate of Augustus Howard Cooper against the City of Chester, Pennsylvania.2 The jury returned a verdict in favor of the plaintiff for one dollar.

The administrator's decedent died when an automobile in which he was a passenger plunged from the dead-end of Norris Street — a public street maintained by the...

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