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STANCHIS v. HESS OIL & CHEMICAL COMPANY

Nos. 17041, 17042.

403 F.2d 24 (1968)

Joseph STANCHIS v. HESS OIL & CHEMICAL COMPANY, Inc. (Defendant & Third Party Plaintiff), Appellant, v. George SCHWARTZ, (Third-Party Defendant). George SCHWARTZ v. HESS OIL & CHEMICAL COMPANY, Inc., Appellant.

United States Court of Appeals Third Circuit.

Decided October 11, 1968.

Attorney(s) appearing for the Case

Hugh J. McMenamin, Warren, Hill, Henkelman & McMenamin, Scranton, Pa., for appellant.

Paul A. Barrett, Nogi, O'Malley & Harris, Scranton, Pa. (Eugene Nogi and Irving L. Epstein, Scranton, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and ALDISERT, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

A truck owned by Hess Oil & Chemical Company stalled on company premises and an attempt was made to start it by pushing it on a public street. After this proved unsuccessful, the disabled truck was left unattended and unlighted on the travelled portion of the two-lane highway; and after nightfall, no flares and reflectors were placed to warn approaching traffic.1

That night Schwartz...

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