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McNELLO v. B. J. LUCARELLI AND COMPANY

No. 13837.

303 F.2d 29 (1962)

Eric McNELLO v. JOHN B. KELLY, INC., Appellant, v. B. J. LUCARELLI AND COMPANY, Inc. (Third-Party Defendant).

United States Court of Appeals Third Circuit.

Decided May 2, 1962.

Attorney(s) appearing for the Case

Norman Paul Harvey, Philadelphia, Pa. (John J. McDevitt, 3rd, Philadelphia, Pa., on the brief), for appellant.

Benjamin Pomerantz, Philadelphia, Pa. (Raymond Schwartz, Sheldon Kapustin, Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, FORMAN and SMITH, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment entered for the plaintiff on a jury verdict of $20,000. in a second trial of a personal injury case. An earlier recovery had been set aside by this court. McNello v. John B. Kelly, 3 Cir. 1960, 283 F.2d 96. In ordering a new trial we ruled that the evidence at the first trial sufficed to create a jury question whether it was reasonably foreseeable that the defendant's conduct might cause...

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