Legal Opinion
Samuel Freifield, Administrator of the Estate of Gerald R. McFall Jr., Deceased v. John E. Hennessy
Court of Appeals for the Third Circuit
Decided December 30, 1965No. 15016_1PublishedCited by 19 opinions
1Opinion of the Court
*98WILLIAM F. SMITH, Circuit Judge.
The present appeal is from a judgment entered on a jury verdict in favor of the defendant in an action under the Wrongful Death and Survival Acts of Pennsylvania, 12 P.S. § 1601 and 20 P.S. § 320.601. We have considered each of several errors assigned but find it necessary to discuss only one, which in our opinion clearly warrants reversal.
As an affirmative defense to the charge of negligence the defendant answered that immediately before the accident he suffered an unexpected loss of consciousness and that his conduct subsequent thereto “was involitional and…
2Cases cited8 opinions
- Hormel v. HelveringSupreme Court of the United States · 1941
- Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1960
- CARLSON v. A. & P. Corrugated Box Corp.Supreme Court of Pennsylvania · 1950
- Else E. Callwood v. Clifford W. L. CallwoodCourt of Appeals for the Third Circuit · 1956
- Milton Mazer, Administrator of the Estate of Israel Abrams, Deceased v. Hattie Lipschutz, of the Estate of Benjamin Lipschutz, Deceased, Milton Mazer, Administrator of the Estate of Israel Abrams, Deceased v. Dr. Peter Chodoff, and Third-Party v. Hattie Lipschutz, of the Estate of Benjamin Lipschutz, Deceased, and the Albert Einstein Medical Center, Southern Division, Third-PartyCourt of Appeals for the Third Circuit · 1964
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fleck v. KDI Sylvan Pools, Inc.Court of Appeals for the Third Circuit · 1992
- John Tromza v. Tecumseh Products Company, a Corporation and Marquette Corporation, a Corporation. Marquette CorporationCourt of Appeals for the Third Circuit · 1967
- Provident Tradesmens Bank And Trust Company v. Lumbermens Mutual Casualty CompanyCourt of Appeals for the Third Circuit · 1969
- Paul P. Paluch v. Erie Lackawanna Railroad CompanyCourt of Appeals for the Third Circuit · 1968
- Ellingsgard v. SilverMassachusetts Supreme Judicial Court · 1967
14 more not listed; retrieve them via the Exa API.