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MOORE v. SMITH

Civ. A. No. 931 Erie.

223 F.Supp. 721 (1963)

Samuel W. MOORE, Plaintiff, v. John SMITH, Defendant, v. OTTUS CONSTRUCTION EQUIPMENT COMPANY and James Pfadt, Third Party Defendant.

United States District Court W. D. Pennsylvania.

November 21, 1963.

Attorney(s) appearing for the Case

William H. Higgins, Erie, Pa., for plaintiff.

Bernard Quinn, Erie, Pa., for defendant.

John Britton, Erie, Pa., for the third party defendant.

WILLSON, District Judge.

This diversity civil action was tried to a jury at Erie. The verdict was for the defendant, John Smith. Plaintiff Samuel W. Moore seeks a new trial.

At the trial the evidence disclosed the following facts: Pennsylvania Highway Route 19 North and South intersects Pennsylvania Highway Route, U. S., 6N at an intersection controlled by a traffic light. Plaintiff Moore was a passenger in a certain truck owned by one Stephen Sutto Erection...

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