Legal Opinion

McKee v. Jamestown Baking Co.

District Court, W.D. Pennsylvania

Decided January 4, 1952No. Civ. A. 8289PublishedCited by 2 opinions

1Opinion of the Court

BURNS, District Judge.

On a clear, dry, warm day in June, 1949, a truck owned and operated by defendant baking company crashed into a heavy steel cable strung across a street in St. Marys, Pennsylvania. George McKee, a foreman employed by C. F. Burns, third-party defendant, was instantly killed as a result of that impact. The jury returned a verdict in favor of plaintiff, McKee’s administratrix, against both defendant and third-party defendant, in the sum of $69,-769.55. Diversity of citizenship being the basis of federal jurisdiction, in this case Pennsylvania law governs wherever applicable.

D…

2Cases cited4 opinions

  1. Pekelis v. Transcontinental & Western Air, Inc.Court of Appeals for the Second Circuit · 1951
  2. Moran v. Pittsburgh-Des Moines Steel Co.Court of Appeals for the Third Circuit · 1950
  3. Gencarella v. FyfeCourt of Appeals for the First Circuit · 1948
  4. Patton v. Baltimore & Ohio R.District Court, W.D. Pennsylvania · 1951

3Cited by2 opinions

  1. McKee v. Jamestown Baking Co., Inc. (Burns, Third Party Defendant)Court of Appeals for the Third Circuit · 1952
  2. Ehrman v. Mid-American Waste Systems of Pa. Inc., Pennsylvania Court of Common Pleas, Alleghany County1998

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