Legal Opinion
Davis v. Smith
Court of Appeals for the Third Circuit
Decided March 17, 1958No. 12288PublishedCited by 32 opinions
1Opinion of the Court
STALEY, Circuit Judge.
The principal question presented in this appeal is whether the doctrine of intrafamily immunity in Pennsylvania prevents a negligence action by an un-emancipated minor against the estate of his deceased father.
George Maslin Davis was driving his automobile on a country road in Chester County, Pennsylvania, on June 10, 1952. His minor son, James W. Davis, was a passenger in the car with him. The Davis car collided with a truck operated by Shaner C. Haldeman. The accident resulted in the death of George Davis and serious injuries to his son James.
Ralph W. Smith, a resident…
2Cases cited9 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- King v. Order of United Commercial Travelers of AmericaSupreme Court of the United States · 1948
- Olberding v. Illinois Central RailroadSupreme Court of the United States · 1953
- Pennsylvania Fire Insurance v. Gold Issue Mining & Milling Co.Supreme Court of the United States · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Falco v. PADOSSupreme Court of Pennsylvania · 1971
- Hebel v. Hebel Ex Rel. HebelAlaska Supreme Court · 1967
- Joseph J. Ricciuti v. Voltarc Tubes, Inc.Court of Appeals for the Second Circuit · 1960
- Stanley Gerr and Carl Gerr, a Minor by Stanley Gerr, His Guardian v. Harry William Emrick and Pennsylvania Turnpike CommissionCourt of Appeals for the Third Circuit · 1960
- Eugene Cole and Mary Cole, His Wife v. Thomas A. Cardoza, District Director, United States, Internal Revenue ServiceCourt of Appeals for the Sixth Circuit · 1971
27 more not listed; retrieve them via the Exa API.