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QUINONES v. TOWNSHIP OF UPPER MORELAND

Nos. 13431, 13432.

293 F.2d 237 (1961)

Joaquina QUINONES, Administratrix of the Estate of Sixto Quinones, Dec. Appellant in No. 13,431, v. TOWNSHIP OF UPPER MORELAND, Appellant in No. 13,432, Miles POTTER, Defendant and Third-Party Plaintiffs, v. Patrick McCABE, James McCabe, Sr., and Bernard McCabe, Individually and as co-partners trading as McCabe Brothers.

United States Court of Appeals Third Circuit.

Decided July 5, 1961.

Attorney(s) appearing for the Case

Michael A. Foley, Philadelphia, Pa., for Township of Upper Moreland.

Edward R. Becker, Philadelphia, Pa. (Herman A. Becker, Becker & Becker, Philadelphia, Pa., on the brief), for Joaquina Quinones.

Arthur B. Walsh, Jr., Langhorne, Pa., for Patrick McCabe and others.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

KALODNER, Circuit Judge.

Sixto Quinones, a laborer, employed by McCabe Brothers, contractors, ("McCabe") was killed when an unshored trench in which he was working caved in. The trench was being excavated by McCabe as part of a sewer construction project pursuant to a written contract awarded it by the Township of Upper Moreland, Pennsylvania ("Township").

Joaquina Quinones, Administratrix of Sixto's estate, ("plaintiff...

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