Legal Opinion

Moore v. United States

District Court, E.D. Pennsylvania

Decided March 21, 1963No. Civ. A. No. 26811PublishedCited by 3 opinions

1Opinion of the Court

VAN DUSEN, District Judge.

This case is now before the court on post-trial motions1 of the parties following a finding for the defendant2 by the trial judge in this personal injury action brought under the Federal Tort Claims Act, 28 U.S.C.A. § 2674. There is substantial evidence in the record to have justified the fact finder’s accepting this factual situation:

The accident occurred on September 25, 1957, when plaintiff’s decedent, Phillip P. Morello, was fatally electrocuted on land, comprising a Nike Missile Site, owned by the defendant United States of America and located near Potshop and…

2Cases cited49 opinions

  1. Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1960
  2. Stark v. Lehigh Foundries, Inc.Supreme Court of Pennsylvania · 1957
  3. Penhallow v. Doane's AdministratorsSupreme Court of the United States · 1795
  4. Enfield v. StoutSupreme Court of Pennsylvania · 1960
  5. MacDougall v. Penna. Power & Light Co.Supreme Court of Pennsylvania · 1933

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3Cited by3 opinions

  1. McCay v. Philadelphia Electric Co.Supreme Court of Pennsylvania · 1972
  2. Gerstle v. Gamble-Skogmo, Inc.District Court, E.D. New York · 1971
  3. Carolyn D. Moore, Administratrix of the Estate of Phillip P. Morello, Deceased v. United States of America, and Third-Party v. Jay Aster, Individually and T/a Wingate Construction Company, Third-Party Cross-Claimant and Cross-Claim and Philadelphia Electric Company, Third-Party Cross-Claimant and Cross-Claim and Russell W. Morello and Anthony Morello, Individually and as Partners Trading as Russell W. Morello Excavating and Paving Contractor, Third-Party Cross-Claimant and Cross-ClaimCourt of Appeals for the Third Circuit · 1964

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