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QUINONES v. TOWNSHIP OF UPPER MORELAND, ETC., PA.

Civ. A. No. 23521.

187 F.Supp. 260 (1960)

Joaquina QUINONES, Administratrix of the Estate of Sixto Quinones, Deceased, Plaintiff, v. TOWNSHIP OF UPPER MORELAND, COUNTY OF MONTGOMERY, PA., and Miles Potter, Defendant and Third-Party Plaintiff, v. Patrick J. McCABE, James McCabe, Sr., and Bernard McCabe, individually and as co-partners, trading as McCabe Brothers, Third-Party Defendants.

United States District Court E. D. Pennsylvania.

August 26, 1960.

Attorney(s) appearing for the Case

Edward R. Becker, Becker & Becker, Philadelphia, Pa., for plaintiff.

Michael A. Foley, Philadelphia, Pa., for defendant and third-party plaintiff.

Arthur B. Walsh, Jr., Langhorne, Pa., for third-party defendants.

EGAN, District Judge.

On August 21, 1957, McCabe Brothers, the third-party defendants, were engaged in the construction of certain sewers for the Township of Upper Moreland, Pennsylvania, one of the defendants. As part of this job, a trench about 25 feet deep and four or five feet wide was being excavated. The plaintiff's decedent, an employee of McCabe Brothers, was operating a drill at the bottom of the trench when the sides of the trench caved in and a large quantity...

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