Legal Opinion
Patitucci v. United States
District Court, E.D. Pennsylvania
Decided June 2, 1959No. Civ. A. No. 25906PublishedCited by 5 opinions
1Opinion of the Court
BIGGS, Circuit Judge*
The accident which damaged the plaintiff’s, Patitucci’s, car occurred on June 18, 1956. It is alleged in the complaint *508that through negligent operation defendant’s mail truck collided with plaintiff’s car. The complaint, filed February 4, 1959, alleges that the action arises under the Tort Claims Act, 28 U.S.C. § 2671 et seq. and makes claim for damages to the extent of $207.76.
No answer was filed by the United States, but a motion to dismiss in the nature of a “speaking demurrer” was filed on April 6, 1959. The motion is grounded on the failure of plaintiff to file an…
2Cases cited6 opinions
- Frederick Hart & Co. v. Recordgraph CorporationCourt of Appeals for the Third Circuit · 1948
- Continental Collieries, Inc. v. ShoberCourt of Appeals for the Third Circuit · 1942
- Berry v. Chrysler CorporationCourt of Appeals for the Sixth Circuit · 1945
- Sherwin v. Oil City National BankDistrict Court, W.D. Pennsylvania · 1955
- Sikes v. United StatesDistrict Court, E.D. Pennsylvania · 1948
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rose v. BartleCourt of Appeals for the Third Circuit · 1989
- MacK v. United States Postal ServiceDistrict Court, E.D. Michigan · 1976
- P. & J. AUTO BODY v. MillerNew Jersey Superior Court Appellate Division · 1962
- General Instrument Corp. v. American Home Assurance Co.District Court, E.D. Pennsylvania · 1975
- Rose, Joseph, in No. 88-1634 v. Bartle, Paul, Asher, Robert, Smyth, Joseph A. Jr., Goodman, Bert, Vance, Oscar, Montgomery County, and Republican Party of Montgomery County. (d.c.civ. No. 86-6255). Reed, Trudy W., in No. 88-1646 v. Bartle, Paul B., Banning, Rita C., Demaioribus, James R., Collectively as the Salary Board of Montgomery County, Bartle, Paul, Individually, Asher, Robert, Smyth, Joseph A., Jr., Goodman, Bert, Vance, Oscar, Montgomery County, Republican Party of Montgomery County, Commissioners of the County of Montgomery (d.c.civ. No. 87-6405). Hill, Frederick B. v. Bartle, Paul, Asher, Robert, Smyth, Joseph A., Jr., Goodman, Bert, Vance, Oscar, Montgomery County, and Republican Party of Montgomery County (d.c. Civil 86-6963). Hill, Frederick B. v. Bartle, Paul, Asher, Robert, Smyth, Joseph A., Jr., Goodman, Bert, and Republican Party of Montgomery County, Montgomery County (d.c. Civil 87-3927). Appeal of Frederick Hill, Kolimaga, Walter, in No. 88-1653 v. Bartle, Paul, Asher, Robert, Montgomery County, and Republican Party of Montgomery County (d.c. Civil No. 87-0804)Court of Appeals for the Third Circuit · 1989