Du Bois Electric Co. v. Fidelity Title & Trust Co.
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the 'Western District of Pennsylvania; W. H. Seward Thomson, Judge. Action by V. W. Pancoast against the Du Bois Electric Company. After the death of plaintiff, the Fidelity Title & Trust Company, as ancillary administrator, was substituted. Judgment for the plaintiff, and defendant brings error.
1Opinion of the Court
McPHERSON, Circuit Judge.
On October 12, 1912, a banner stretched across a street in the borough of Du Bois fell and severely injured Vernon W. Pancoast, a citizen of New York. In the following March he sued the borough, and in August, 1914, obtained a judgment, which was removed to this court by a writ of error and afterward reversed. Borough of Du Bois v. Pancoast, 218 Fed. 60, 133 C. C. A. 662. On October 6, 1914, while the writ of error was pending, he brought a second suit, naming the Du Bois Electric Company, the Deposit National Bank, and Joseph Bensinger (who we understand was the…
2Cases cited5 opinions
- Curtin v. SomersetSupreme Court of Pennsylvania · 1891
- Thornton v. DowWashington Supreme Court · 1910
- First Presbyterian Congregation v. SmithSupreme Court of Pennsylvania · 1894
- Fitzmaurice v. FabianSupreme Court of Pennsylvania · 1892
- Borough of Du Bois v. PancoastCourt of Appeals for the Third Circuit · 1914
3Cited by2 opinions
- Fidelity Title & Trust Co. v. Dubois Electric Co.Supreme Court of the United States · 1920
- Du Bois Electric Co. v. Pancoast's Adm'rCourt of Appeals for the Third Circuit · 1918