Legal Opinion
James Magill, Administrator of the Estate of Frank W. Magill, Jr., Deceased v. Westinghouse Electric Corporation v. Murphy, Inc
Court of Appeals for the Third Circuit
Decided July 14, 1972No. 71-1723PublishedCited by 47 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge:
This diversity action, under the wrongful death and survivorship statutes, presents several perplexing questions of Pennsylvania law regarding liability and damages.
Frank Magill was employed as a journeyman painter by Murphy, Inc. (Murphy) in January, 1967, while Murphy, pursuant to contract, was engaged in painting the machines located at the Westinghouse Plant in Lester, Pennsylvania. Mr. Magill was killed on the night of January 27, 1967 when he was cleaning a lathe in preparation for painting it, and someone accidentally engaged the clutch causing…
2Cases cited16 opinions
- Perry v. PayneSupreme Court of Pennsylvania · 1907
- John R. McWeeney v. New York, New Haven and Hartford Railroad CompanyCourt of Appeals for the Second Circuit · 1960
- Stevenson v. Economy Bank of AmbridgeSupreme Court of Pennsylvania · 1964
- Brodie v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1964
- Smail v. FlockSupreme Court of Pennsylvania · 1962
11 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
- Hale v. Firestone Tire & Rubber Co.Court of Appeals for the Eighth Circuit · 1985
- Mary Vizzini, Administratrix of the Estate of Salvatore Vizzini, Deceased v. Ford Motor Company C/o C. T. Corp. SystemCourt of Appeals for the Third Circuit · 1977
- Jack A. Doca and Fannie C. Doca v. Marina Mercante Nicaraguense, S.A. And Pittston Stevedoring Corp.Court of Appeals for the Second Circuit · 1980
- Hoffman v. Sterling Drug, Inc.Court of Appeals for the Third Circuit · 1973
42 more not listed; retrieve them via the Exa API.