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MUSI v. DeSARRO

No. 15925.

370 F.2d 113 (1966)

Virginia L. MUSI and Genaro Musi v. Joseph DeSARRO and Jack Boyd. Joseph DeSarro, Appellant.

United States Court of Appeals Third Circuit.

Decided December 19, 1966.

Attorney(s) appearing for the Case

George M. Weis, Pittsburgh, Pa. (Weis & Weis, Pittsburgh, Pa., on the brief), for appellant.

Herman C. Kimpel, Pittsburgh, Pa., (Dickie, McCamey & Chilcote, Pittsburgh, Pa., on the brief), for appellees.

Before GANEY, SMITH and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

The sole question in this Pennsylvania diversity action is whether Boyd, the driver of appellant's tractor trailer, was guilty of contributory negligence as a matter of law.

The wife appellee and her husband brought suit for personal injuries and property damage against appellant and Boyd, his driver. Appellant asserted a counterclaim against appellees for damage to his tractor trailer and cargo. A jury trial resulted...

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