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MOORE v. SMITH

No. 14750.

343 F.2d 206 (1965)

Samuel W. MOORE, Appellant, v. John SMITH v. OTTUS CONSTRUCTION EQUIPMENT CO. and James Pfadt (Third-Party Defendants).

United States Court of Appeals Third Circuit.

Decided March 31, 1965.

Attorney(s) appearing for the Case

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

Bernard F. Quinn, Quinn, Leemhuis, Plate & Buseck, Erie, Pa., for appellee.

Before KALODNER, GANEY and FREEDMAN, Circuit Judges.

KALODNER, Circuit Judge.

A jury returned a verdict in favor of the defendant Smith in an action brought by the plaintiff Moore for injuries which he sustained when the truck in which he was a passenger collided with an automobile driven by Smith at an intersection of two highways in Erie County, Pennsylvania. Following denial of his motion for a new trial,1 which charged errors in instructions to the jury, the plaintiff filed this appeal...

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