WEBB v. MARTIN

No. 15739.

364 F.2d 229 (1966)

Theckla B. WEBB, Appellant, v. Lloyd K. MARTIN, Administrator of the Estate of Jason A. Martin, Deceased, Defendant and Third-Party Plaintiff, v. Carl C. STALCUP, Third-Party Defendant.

United States Court of Appeals Third Circuit.

Decided July 20, 1966.


Attorney(s) appearing for the Case

Henry B. FitzPatrick, Jr., Philadelphia, Pa. (Broderick, Schubert & FitzPatrick, Philadelphia, Pa., on the brief), for appellant.

Robert J. Stewart, York, Pa. (Spencer R. Liverant, Liverant, Senft & Cohen, York, Pa., on the brief), for appellee.

Before STALEY, Chief Judge, and KALODNER and FREEDMAN, Circuit Judges.


OPINION OF THE COURT

KALODNER, Circuit Judge.

In the instant case the plaintiff, Theckla B. Webb, a passenger in an automobile operated by Carl C. Stalcup, was seriously injured in a collision between Stalcup's car and an automobile operated by Jason A. Martin on July 7, 1960 on Route 11, some two miles north of Greencastle, Pennsylvania. She brought suit against Martin on February 7, 1962. Martin was killed in an automobile accident on March 31, 1962 and...

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