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ATKINSON v. ROTH

Nos. 13549-13555.

297 F.2d 570 (1961)

Burr ATKINSON, Jr., Appellant, v. William Scott ROTH and E. F. Mengle & Sons Trucking Company, and Kerry Coal Company. Howard JAMISON, Administrator of the Estate of William W. Weishner, Deceased, Appellant, v. Burr ATKINSON, Jr. v. E. F. MENGLE & SONS TRUCKING COMPANY, Kerry Coal Company and William Scott Roth, Third Party Defendants. Howard JAMISON, Administrator of the Estate of William W. Weishner, Deceased, Appellant, v. E. F. MENGLE & SONS TRUCKING COMPANY, Kerry Coal Company and William Scott Roth v. Burr ATKINSON, Jr., Third Party Defendant. Bernard WOJNAR, a Minor, by Anthony Wojnar, His Natural Guardian, and Anthony Wojnar, His Parent, in His Own Right, Appellants, v. Burr ATKINSON, Jr. v. E. F. MENGLE & SONS TRUCKING COMPANY, Kerry Coal Company and William Scott Roth, Third Party Defendants. Thomas E. TAYLOR, Jr., Appellant, v. Burr ATKINSON, Jr. v. E. F. MENGLE & SONS TRUCKING COMPANY, Kerry Coal Company and William Scott Roth, Third Party Defendants. Thomas ROBERTS, a Minor, by Victor I. Roberts, His Natural Guardian, and Victor I. Roberts and Maureen A. Roberts, His Parents, in Their Own Right, Appellants, v. Burr ATKINSON, Jr. v. E. F. MENGLE & SONS TRUCKING COMPANY, Kerry Coal Company and William Scott Roth, Third Party Defendants. Mary Dolores KORZI, Administratrix of the Estate of Thomas Arthur Lorenc, Deceased, Appellant, v. E. F. MENGLE & SONS TRUCKING COMPANY and Kerry Coal Company v. Burr ATKINSON, Jr., Third Party Defendant.

United States Court of Appeals Third Circuit.

Decided October 6, 1961.

As Amended on Denial of Rehearing January 16, 1962.

Attorney(s) appearing for the Case

James Craig Kuhn, Jr., Pittsburgh, Pa. (Arnold D. Wilner, Wilner, Wilner & Kuhn, Pittsburgh, Pa., on the brief), for appellants Wojnar and others in Nos. 13552-13555.

Wray G. Zelt, Jr., Washington, Pa. (Michael E. Kusturiss, Canonsberg, Pa., on the brief), for appellant Jamison in Nos. 13550 and 13551.

John M. Feeney, Jr., Pittsburgh, Pa. (Gene K. Lynch, McArdle, Harrington & McLaughlin, Pittsburgh, Pa., on the brief), for appellant Atkinson in No. 13549.

George Y. Meyer, Pittsburgh, Pa. (Donald W. Bebenek, Meyer, Darragh, Buckler & Bebenek, Pittsburgh, Pa., on the brief), for appellee Atkinson, in Nos. 13550-13555.

Joseph W. Weis, Jr., Pittsburgh, Pa. (Weis & Weis, Pittsburgh, Pa., on the brief), for all appellees except Burr Atkinson, Jr.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

KALODNER, Circuit Judge.

These appeals are from judgments entered against the plaintiffs following the return by a jury of answers to special interrogatories,1 with no general verdict.

Seven actions were instituted in the court below stating claims arising out of a collision between an automobile driven by one Atkinson and a tractor-trailer driven by one Roth. Atkinson had five passengers...

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