TREHARNE v. CALLAHAN

Civ. A. No. 66-895.

288 F.Supp. 131 (1968)

William TREHARNE, a minor, by Jeanne Treharne, and John F. Treharne, his parents and natural guardians, and Jeanne Treharne, in her own right, and John F. Treharne, husband and father in his own right, Plaintiffs, v. Howard W. CALLAHAN, Defendant, v. Jeanne TREHARNE, Third-Party Defendant.

United States District Court W. D. Pennsylvania.

August 8, 1968.


Attorney(s) appearing for the Case

McArdle & McLaughlin, Pittsburgh, Pa., for plaintiff.

Royston, Robb, Leonard, Edgecombe, Miller & Shorall, Pittsburgh, Pa., for defendant.

Weis & Weis, Pittsburgh, Pa., for third-party defendant.


ORDER

GOURLEY, Chief Judge.

In this proceeding based on diversity negligence, at pretrial conference a question arose as to the competency of the plaintiffs to testify as to facts and circumstances surrounding the accident for the reason that the defendant was deceased, the death having occurred subsequent to the accident from a cause not related thereto. Prior to the death, extensive interrogatories were submitted by the defendant to the plaintiff.

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