Legal Opinion

Patrick J. Nolan, Administrator of the Estate of John P. McLaughlin Deceased v. Roy W. Sullivan, Jr

Court of Appeals for the Third Circuit

Decided May 26, 1967No. 15819PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

WILLIAM F. SMITH, Circuit Judge.

This action for wrongful death was brought by the personal representative of the decedent under the Delaware Wrongful Death Statute, 10 Del.C. § 3704. The trial of the action without a jury resulted in a judgment in favor of the defendant, and this appeal followed. The negligence law of Delaware is applicable in our determination of the substantive issues raised on this appeal. However, where we have found a dearth of local decisions we have assumed that the law of Delaware would be the same as that of Pennsylvania. This assumption seems to…

2Cases cited15 opinions

  1. Byrne v. Schultz (Stone)Supreme Court of Pennsylvania · 1932
  2. David B. Dale v. Henry P. Rosenfeld, Doing Business Under the Firm Name and Style of Henry P. Rosenfeld Co., Samson Wallach and Abraham S. GechtmanCourt of Appeals for the Second Circuit · 1956
  3. Francisco Romero, Plaintiff-Appellee-Appellant v. Garcia & Diaz, Inc., Defendant-Appellant-AppelleeCourt of Appeals for the Second Circuit · 1961
  4. Philber Equipment Corporation v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1956
  5. Smith v. United News Co.Supreme Court of Pennsylvania · 1964

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3Cited by12 opinions

  1. United States v. Bennie Ray Winship, A/K/A Nip, and Jerry BiceCourt of Appeals for the Fifth Circuit · 1984
  2. Storey v. CastnerSupreme Court of Delaware · 1973
  3. Bullock v. StateSupreme Court of Delaware · 2001
  4. First National City Bank v. Compania De Aguaceros, S. A.Court of Appeals for the First Circuit · 1968
  5. Glassman Construction Co. v. United States ex rel. Clark-Fontana Paint Co.Court of Appeals for the Fourth Circuit · 1970

7 more not listed; retrieve them via the Exa API.

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