Legal Opinion

Martin v. Swift

Court of Appeals for the Third Circuit

Decided August 7, 1958No. 12528PublishedCited by 18 opinions

1Opinion of the Court

KALODNER, Circuit Judge.

This suit for damages resulting from the death of Peter A. Martin was instituted by James Martin, Administrator of the Estate of Peter A. Martin (“plaintiff”), under the Pennsylvania Wrongful Death Act1 and the Pennsylvania Survival Act.2 Jurisdiction is based on diversity of citizenship.

The jury was directed to return a special verdict and in response to specific interrogatories, made these findings: the accident was caused by the negligence of defendant; plaintiff’s decedent was not guilty of contributory negligence; the total amount of damages sustained by…

2Cases cited13 opinions

  1. Pezzulli v. D'AmbrosiaSupreme Court of Pennsylvania · 1942
  2. Karcesky v. LariaSupreme Court of Pennsylvania · 1955
  3. Siidekum v. Animal Rescue League of PittsburghSupreme Court of Pennsylvania · 1945
  4. Murray v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1947
  5. Eleanor B. Halprin, Administratrix of the Estate of Lawrence W. Halprin, Deceased v. Andre Mora, and Third-Party Clarence W. Davis, Third-PartyCourt of Appeals for the Third Circuit · 1956

8 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Heffner v. Allstate InsuranceSuperior Court of Pennsylvania · 1979
  2. Ladnier v. MurrayCourt of Appeals for the Fourth Circuit · 1985
  3. McSparran v. HaniganDistrict Court, E.D. Pennsylvania · 1963
  4. Mainelli v. HaberstrohDistrict Court, M.D. Pennsylvania · 1964
  5. Miller v. United States Fidelity & Guaranty Co.Superior Court of Pennsylvania · 1983

13 more not listed; retrieve them via the Exa API.

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