CHERRY v. CITY OF PHILADELPHIA

No. 13430.

293 F.2d 926 (1961)

Lettie CHERRY and Arthur Cherry, Administrator of the Estate of James F. Cherry, Deceased; and Lettie Cherry as parent and natural guardian of William Cherry, a minor, and Lettie Cherry and Arthur Cherry, Administrator of the Estate of James F. Cherry, Deceased, in their own right v. CITY OF PHILADELPHIA, v. Luish LONDON, Appellant.

United States Court of Appeals Third Circuit.

Decided June 21, 1961.


Attorney(s) appearing for the Case

A. Leon Higginbotham, Jr., Philadelphia, Pa. (Norris, Green, Harris & Higginbotham, Philadelphia, Pa., and William H. Brown, III, Philadelphia, Pa., on the brief), for third party defendant-appellant.

Richard K. Masterson, Philadelphia, Pa. (David Berger, City Solicitor, Philadelphia, Pa., on the brief), third-party-plaintiff-appellee, City of Philadelphia.

Before GOODRICH, McLAUGHLIN and FORMAN, Circuit Judges.


PER CURIAM.

This case arose out of an automobile collision on the Industrial Highway in Philadelphia. A truck owned by the City of Philadelphia hit a passenger car driven by Luish London. London was brought in as a third-party defendant by the City. Settlement has been made with the original plaintiff who is now out of the case. The present litigation is a suit for contribution by the City against London. The City won a verdict and judgment was entered thereon.

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