Legal Opinion
Roberta Wells, as Administratrix of the Estate of Cheek Wells v. Simonds Abrasive Company
Court of Appeals for the Third Circuit
Decided March 26, 1952No. 10549PublishedCited by 10 opinions
1Per curiam
In a thoroughly considered opinion Chief Judge Kirkpatrick discussed the problem presented by this appeal in the light of the Pennsylvania and Alabama decisions.
We find ourselves in complete accord with his reasoning and conclusions. Judgment of the Court below, therefore, will be affirmed upon the opinion of Chief Judge Kirkpatrick, 102 F.Supp. 519.
On Petition for Rehearing
The petition for rehearing is premised on an entirely erroneous conception of Section 2 of the Act of July 2, 1937, P.L. 2755, known as the Survival Act, 20 P.S. c. 3, Appendix, § 772. 1
According to plaintiff’s view “ * *…
2Cases cited4 opinions
- Pezzulli v. D'AmbrosiaSupreme Court of Pennsylvania · 1942
- Kaczorowski v. KalkosinskiSupreme Court of Pennsylvania · 1936
- Stegner v. FentonSupreme Court of Pennsylvania · 1945
- Wells v. Simonds Abrasive Co.District Court, E.D. Pennsylvania · 1951
3Cited by10 opinions
- Wells v. Simonds Abrasive Co.Supreme Court of the United States · 1953
- Brown v. WoodringDistrict Court, M.D. Pennsylvania · 1959
- Hutto v. Benson Newark Ins. Co. v. BensonCourt of Appeals for the Sixth Circuit · 1954
- United States v. JacobsDistrict Court, D. New Jersey · 1957
- Natale v. Upjohn CompanyDistrict Court, D. Delaware · 1964
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