Legal Opinion
Harvey v. Eimco Corp.
District Court, E.D. Pennsylvania
Decided May 10, 1963No. Civ. A. No. 28708PublishedCited by 15 opinions
1Opinion of the Court
VAN DUSEN, District Judge.
This action, based on alleged breach of warranty and negligence, was brought against defendant, the manufacturer of a trailer-excavator, by plaintiff, who suffered personal injuries while operating the machine. It is now before the court on defendant’s Amended Motion under F.R.Civ.P. 15(a) to amend its Answer in order to affirmatively assert the defenses of contributory negligence, assumption of risk, and statute of limita*599tions,1 which Motion was filed more than two years after the Complaint was filed.
The Complaint was filed on October 20, 1960, and refers to an…
2Cases cited5 opinions
- Berg v. Remington Arms CompanyDistrict Court, E.D. Pennsylvania · 1962
- Riss & Co. v. Local 107 of International Brotherhood of TeamstersDistrict Court, E.D. Pennsylvania · 1961
- Witcjak v. New Franklin Coal Mining Co.District Court, E.D. Pennsylvania · 1959
- Bratt v. Bethlehem Steel Co.District Court, E.D. Pennsylvania · 1962
- George McArthur & Sons, Inc. v. Safe-Play Manufacturing Co.District Court, E.D. Pennsylvania · 1962
3Cited by15 opinions
- Buder v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Eighth Circuit · 1981
- Deakyne v. Commissioners of LewesCourt of Appeals for the Third Circuit · 1969
- Jenn-Air Products Co. v. Penn Ventilator, Inc.District Court, E.D. Pennsylvania · 1968
- Philadelphia Housing Authority v. American Radiator & Standard Sanitary Corp.District Court, E.D. Pennsylvania · 1969
- Gunnip v. Warner Co.District Court, E.D. Pennsylvania · 1968
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