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HALIJ v. FOGARTY

No. 18939.

449 F.2d 1295 (1971)

John HALIJ, parent and natural guardian of Martha Halij, and John Halij, in his own right, Appellants, v. Joseph FOGARTY.

United States Court of Appeals, Third Circuit.

Decided October 6, 1971.

Attorney(s) appearing for the Case

William J. Brady, Brady, Flint & Doig, Philadelphia, Pa., for appellants.

Charles Jay Bogdanoff, Gekoski & Bogdanoff, Philadelphia, Pa. (Albert C. Gekoski, Philadelphia, Pa., on the brief), for appellee.

Before VAN DUSEN, ALDISERT and GIBBONS, Circuit Judges.

Submitted under 3d Cir. Rule 12(6) September 24, 1971.

OPINION OF THE COURT

PER CURIAM:

In this diversity negligence case a jury returned a verdict for the defendants. The plaintiffs, a minor and her parent, sought recovery for injuries sustained when the minor, while walking on a road, was struck from the rear by the defendant's vehicle. The appellants contend that the evidence so preponderated in their favor as to require a new trial, that comments...

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