Alvin H. Frankel, Admn. Of the Estate of Fred Ashley, Deceased v. Alonzo Moody and City of Philadelphia, City of Philadelphia

OPINION OF THE COURT

BIGGS, Circuit Judge.

The defendant-appellant, the City of Philadelphia, has appealed from a judgment in favor of the plaintiff-appellee, Frankel, Administrator of the Estate of Ashley, in the sum of $76,530.-50 under the Pennsylvania Wrongful Death Act, 12 P.S. § 1601, and in the sum of $500.00 under the Pennsylvania Survival Act, 20 P.S. § 320.601. Jurisdiction in both claims is based on diversity of citizenship and statutory amount, 28 U.S.C.A. § 1332, and all relevant facts having occurred in Pennsylvania, the law of that state is applicable.

The case was tried to the…