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LEPOSKI v. RAILWAY EXPRESS AGENCY, INC.

No. 13634.

297 F.2d 849 (1962)

Richard LEPOSKI, Jr., a Minor by Richard Leposki, His Guardian, Robert Leposki, a Minor, by Richard Leposki, His Guardian, Delores Leposki, in Her Own Right, Delores Leposki and Richard Leposki, in Their Own Right, Appellants, v. RAILWAY EXPRESS AGENCY, INC.

United States Court of Appeals Third Circuit.

Decided January 15, 1962.

Attorney(s) appearing for the Case

Jerome R. Balka, Philadelphia, Pa., for appellants.

Joseph H. Foster, Philadelphia, Pa. (White and Williams, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, STALEY and GANEY, Circuit Judges.

STALEY, Circuit Judge.

In this negligence action for personal injuries and damage to property, a verdict was returned for defendant, and plaintiffs appeal, contending that the district court erroneously charged the jury. Jurisdiction was based on diversity of citizenship, and Pennsylvania law applies.

The facts are not in dispute. On December 5, 1956, a driver making deliveries for the defendant Railway Express Agency...

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