Legal Opinion
Pietruszka v. Bethlehem Mines Corp.
District Court, W.D. Pennsylvania
Decided October 31, 1957No. Civ. A. No. 14591PublishedCited by 1 opinion
1Opinion of the Court
MARSH, District Judge.
This is an action under the Pennsylvania Wrongful Death and Survival Acts1 by the administratrix of the estate of Michael Deskevich, deceased, whose death on May 20, 1955 was allegedly caused by the negligence of the defendants.
The action was tried to the court without a jury. At the close of the plaintiff’s case, upon motion of Bethlehem. Mines Corporation under Rule 41(b), Fed.Rules Civ.Proe. 28 U.S.C.A., the court granted an involuntary dismissal of the action as to it, but declined a similar motion of the defendant Merlo, and directed him to proceed with his defense.
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2Cases cited5 opinions
- Loch v. ConfairSupreme Court of Pennsylvania · 1953
- Kotal v. GoldbergSupreme Court of Pennsylvania · 1953
- Biedrzycki v. A. J. Schrader, Inc.Supreme Court of Pennsylvania · 1943
- Daugert v. Scranton Contracting Co.Supreme Court of Pennsylvania · 1942
- International Derrick & Equipment Co. v. BuxbaumCourt of Appeals for the Third Circuit · 1954