LIVERGOOD v. S. J. GROVES & SONS COMPANY

No. 15552.

361 F.2d 269 (1966)

Alverta LIVERGOOD and Omer Livergood, Her Husband, in Their Own Right, and on Behalf of Roy Livergood, Plaintiffs, v. S. J. GROVES & SONS COMPANY, a Minnesota Corporation, Appellant, v. Charles LIVERGOOD, Third-Party Defendant.

United States Court of Appeals Third Circuit.

Decided June 2, 1966.


Attorney(s) appearing for the Case

Donald W. Bebenek, Pittsburgh, Pa., (Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., on the brief), for appellant.

James P. Gill, Pittsburgh, Pa., (Edward O. Spotts and Spotts, Gill, Gavin & Morrow, Pittsburgh, Pa., and Joseph J. Lee, Clearfield, Pa., on the brief), for plaintiffs-appellees.

Before McLAUGHLIN, FORMAN and GANEY, Circuit Judges.


GANEY, Circuit Judge.

At approximately 11:15 a. m. on June 30, 1963, plaintiffs were injured, two of them seriously, when the passenger car in which they were traveling collided with defendant's flat-bedded truck on Route 879, a winding country road bordering the bank of the West Branch of the Susquehanna River. It was a two-way blacktop highway, the main traveled portion of which was eighteen feet wide; the center was not...

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