Legal Opinion
Anita Pritchard, Administratrix of the Estate of Otto E. Pritchard, Deceased v. Liggett & Myers Tobacco Company, a Corporation
Court of Appeals for the Third Circuit
Decided July 26, 1965No. 14802_1PublishedCited by 94 opinions
1Opinion of the Court
WILLIAM F. SMITH, Circuit Judge.
The plaintiff brought this action for personal injury alleging that he contracted lung cancer as a result of having smoked Chesterfield cigarettes for many years. The claims for relief, stated in separate counts of the complaint, alleged negligence and breach of warranty as the bases of liability. The defendant, admittedly the manufacturer of the cigarettes, denied the allegations of the complaint and pleaded assumption of risk as an affirmative defense to each of the claims. The jurisdiction of the court below was invoked on the ground of diversity of…
2Cases cited26 opinions
- Hormel v. HelveringSupreme Court of the United States · 1941
- Dan Lind v. Schenley Industries IncCourt of Appeals for the Third Circuit · 1960
- Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1960
- Otto E. Pritchard v. Liggett & Myers Tobacco CompanyCourt of Appeals for the Third Circuit · 1961
- Magee v. General Motors Corp.Court of Appeals for the Third Circuit · 1954
21 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Thomas F. Bennis, Roger J. MacLean v. Carson S. Gable, Joseph S. Daddona, City of AllentownCourt of Appeals for the Third Circuit · 1987
- Disabled in Action of Pennsylvania v. Southeastern Pennsylvania Transportation AuthorityCourt of Appeals for the Third Circuit · 2008
- Armstrong v. MailandSupreme Court of Minnesota · 1979
- Hoffman v. Sterling Drug, Inc.Court of Appeals for the Third Circuit · 1973
- Sinai v. Polinger Co.District of Columbia Court of Appeals · 1985
89 more not listed; retrieve them via the Exa API.