KELLY v. FULKERSON

Civ. No. 8746.

275 F.Supp. 134 (1967)

James J. KELLY, Jr. and Eileen Kelly, James K. Kelly, a minor, by his guardian, James J. Kelly, Jr. and James J. Kelly, Jr., in his own right, Plaintiffs, v. James Rex FULKERSON, Defendant, Third-Party Plaintiff, v. James J. KELLY, Jr., Third-Party Defendant.

United States District Court M. D. Pennsylvania.

September 29, 1967.


Attorney(s) appearing for the Case

Louis A. Fine, Honesdale, Pa., for plaintiffs.

John R. Lenahan, Scranton, Pa., for defendant-third-party plaintiff.

Warren, Hill, Henkelman & McMenamin, Scranton, Pa., for third-party defendant.


SHERIDAN, Chief Judge.

In this personal injury action judgment was entered for the defendant and for the third party plaintiff on a special jury verdict. Plaintiffs and the third party defendant filed a motion for a new trial.

The court has jurisdiction under 28 U.S.C.A. § 1332. The substantive law of Pennsylvania applies.

On August 15, 1964, James J. Kelly, Jr., one of plaintiffs, (Kelly), was the owner and operator of an automobile, with his...

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