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FREIFIELD v. HENNESSY

No. 15016.

353 F.2d 97 (1965)

Samuel FREIFIELD, Administrator of the Estate of Gerald R. McFall, Jr., Deceased, Appellant, v. John E. HENNESSY, Appellee.

United States Court of Appeals Third Circuit.

Decided November 29, 1965.

Rehearing Denied December 30, 1965.

Attorney(s) appearing for the Case

Gary F. Sharlock, Pittsburgh, Pa. (Mercer & Buckley, Pittsburgh, Pa., Milford L. McBride, Jr., Grove City, Pa., on the brief), for appellant.

Albert E. Acker, Sharon, Pa. (Cusick, Madden, Joyce, Acker & McKay, Sharon, Pa., on the brief), for appellee.

Before KALODNER and SMITH, Circuit Judges, and KIRKPATRICK, District Judge.

WILLIAM F. SMITH, Circuit Judge.

The present appeal is from a judgment entered on a jury verdict in favor of the defendant in an action under the Wrongful Death and Survival Acts of Pennsylvania, 12 P.S. § 1601 and 20 P.S. § 320.601. We have considered each of several errors assigned but find it necessary to discuss only one, which in our opinion clearly warrants reversal.

As an affirmative defense to the...

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