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McSPARRAN v. HANIGAN

Civ. A. Nos. 25983, 27768.

225 F.Supp. 628 (1963)

Stella McSPARRAN, Administratrix of the Estate of Ignatius Peter Kane, Deceased v. John HANIGAN, Individually and trading as Hanigan Construction Company, and Walter Hinkle, Individually and trading as the Hinkle Excavation Company, and Robert R. Tyler, Individually and trading as Robert F. Tyler and Co., and JOHN McSHAIN, INC., Defendant and Third-Party Plaintiff, v. WILLIAM H. WALTERS & SONS, INC., Third-Party Defendant. Stella McSPARRAN, Administratrix of the Estate of Ignatius Peter Kane, Deceased, v. Edward Thomas SUBERS.

United States District Court E. D. Pennsylvania.

December 27, 1963.

Attorney(s) appearing for the Case

B. Nathaniel Richter, Arthur G. Raynes, Philadelphia, Pa., for plaintiff.

John J. McDevitt, 3rd, Philadelphia, Pa., for John Hanigan, individually and trading as Hanigan Const. Co.

Charles L. Ford, Philadelphia, Pa., for Walter Hinkle, individually and trading as Hinkle Excavation Co.

Michael A. Foley, Philadelphia, Pa., for Robert R. Tyler, individually and trading as Robert F. Tyler & Co.

Henry F. Huhn, Philadelphia, Pa., for John McShain, Inc.

Ronald Ziegler, Philadelphia, Pa., for Edward Thomas Subers.

FREEDMAN, District Judge.

Numerous post-trial motions have been filed by all the defendants and by the plaintiff after a lengthy jury trial which resulted in verdicts against all the defendants.

On June 11, 1958, plaintiff's decedent, a plumber, was killed by the cave-in of a trench which was being excavated on the grounds of Misericordia Hospital in Philadelphia as part of the work of erecting an additional wing. He was employed by William H. Walters &...

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