Legal Opinion
Goehring v. Diamond Milling Co.
Court of Appeals for the Third Circuit
Decided May 26, 1972No. 71-1454PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
ADAMS, Circuit Judge.
In this diversity negligence case, the pivotal question is whether a plaintiff in a post-trial proceeding may move to set aside a joint tortfeasors’ release after having waited until all the evidence in the trial has been completed before first announcing an intention to attack the release.
On October 21, 1965, the automobile operated by Oliver L. Goehring, in which his wife, Frances, was a passenger, was involved in a head-on collision with a truck driven by an employee of Diamond Milling Company. Mr. Goehr-ing was killed and Mrs. Goehring suffered…
2Cases cited5 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Lynne Carol Fashions, Inc., a Pennsylvania Corporation v. Cranston Print Works Co., IncCourt of Appeals for the Third Circuit · 1972
- Commonwealth v. JordanSupreme Court of Pennsylvania · 1962
- Swanger v. PylesSuperior Court of Pennsylvania · 1964
- Gaynor v. NagobSuperior Court of Pennsylvania · 1964
3Cited by6 opinions
- Lewis v. Rego Co.Court of Appeals for the Third Circuit · 1985
- Ronnie Gene Bass v. Phoenix Seadrill/78, Ltd., Third-Party v. Crown Rig Building Services, Inc., and Branham Industries, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1985
- Bih-Jing Jeng v. WittersDistrict Court, M.D. Pennsylvania · 1978
- King of Prussia Enterprises, Inc. v. Greyhound Lines, Inc.District Court, E.D. Pennsylvania · 1978
- Frances Isabell Goehring, Administratrix of the Estate of Oliver L. Goehring, Deceased, and Frances Isabell Goehring v. Diamond Milling Co., Inc., a Corporation v. Frances Isabell Goehring, Administratrix of the Estate of Oliver L. Goehring, Deceased, Third-PartyCourt of Appeals for the Third Circuit · 1972
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