ESTATE OF MURDOCH v. COMMONWEALTH OF PA., CITY OF PHILA.

No. 19124.

432 F.2d 867 (1970)

ESTATE of Graeme MURDOCH, an Incompetent, by Alvin H. Frankel v. COMMONWEALTH OF PENNSYLVANIA, CITY OF PHILADELPHIA, David M. Smallwood, Henry D. Harral, Webster & Webster, Inc., Anchor Post Products, Inc., Grof & Myers, Inc., and Lipsett Inc., City of Philadelphia, Appellant.

United States Court of Appeals, Third Circuit.

Decided October 28, 1970.


Attorney(s) appearing for the Case

John R. McConnell, Morgan, Lewis & Bockius, Philadelphia, Pa. (Mark S. Dichter, Philadelphia, Pa., on the brief), for appellant.

Richard J. Van Roden, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellee, Webster & Webster.

S. Gerald Litvin, Litvin & Rutter, Philadelphia, Pa., for appellee, Estate of Murdoch.

Before HASTIE, Chief Judge, and MARIS and FREEDMAN, Circuit Judges.


OPINION OF THE COURT

MARIS, Circuit Judge.

This appeal by defendant City of Philadelphia from a judgment of the district court arises out of an action brought by the plaintiff, Alvin H. Frankel, the guardian of the Estate of Graeme Murdoch, an alleged incompetent, on behalf of his ward for damages resulting from severe injuries suffered by Murdoch on May 15, 1965 when the automobile which Murdoch was driving collided with a gatepost in the fence along the...

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