Legal Opinion

Berkowitz v. Philadelphia Chewing Gum Corp.

District Court, E.D. Pennsylvania

Decided August 22, 1961No. Civ. A. No. 28849PublishedCited by 6 opinions

1Opinion of the Court

VAN DUSEN, District Judge.

This case is before the court on a Motion to Dismiss an Amended Complaint by the guardian of the estate of a minor against the employer of the minor for injuries incurred by the minor during the course of his employment. In paragraph 5 of the Amended Complaint, it is stated that, at the time of the employment, the minor was presumably covered by the Pennsylvania Workmen’s Compensation Act. Paragraph 9 alleges that immediately following the injury the minor, by his representative, informed defendant and the Pennsylvania Department of Labor that he intended not to make…

2Cases cited10 opinions

  1. Socha v. MetzSupreme Court of Pennsylvania · 1956
  2. Anderson v. Carnegie Steel Co.Supreme Court of Pennsylvania · 1916
  3. Billo v. Allegheny Steel CompanySupreme Court of Pennsylvania · 1937
  4. Zeitz v. Zurich General Accident & Liability InsuranceSuperior Court of Pennsylvania · 1949
  5. Welsch v. Pittsburgh Terminal Coal Corp.Supreme Court of Pennsylvania · 1931

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3Cited by6 opinions

  1. Harry Berkowitz, Guardian of the Estate of Wilson Kinch, a Minor, and Wilson Kinch v. Philadelphia Chewing Gum CorporationCourt of Appeals for the Third Circuit · 1962
  2. Bayless v. Philadelphia National League ClubDistrict Court, E.D. Pennsylvania · 1979
  3. Flanagan v. Ethyl Corp.Court of Appeals for the Third Circuit · 1968
  4. Harry Berkowitz, Guardian of the Estate of Wilson Kinch, a Minor v. Philadelphia Chewing Gum CorporationCourt of Appeals for the Third Circuit · 1963
  5. Kashuba v. Workers' Compensation Appeal Board (Hickox Construction)Commonwealth Court of Pennsylvania · 1998

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