Legal Opinion

Wells v. Simonds Abrasive Co.

District Court, E.D. Pennsylvania

Decided July 25, 1951No. Civ. No. 10849PublishedCited by 10 opinions

1Opinion of the Court

KIRKPATRICK, Chief Judge.

The plaintiff is the widow and administratrix of one, Cheek Wells, who was killed on April 19, 1948, when an emory wheel manufactured by the defendant, with which he was working, burst. The accident and death occurred in Alabama.

This action for damages was commenced in this court by the plaintiff, in her capacity as administratrix, on April 19, 1950, more than one year, but 'within two years, after the death. The plaintiffs right to sue arises under Title 7, Sec. 123 of the 1940 Code of Alabama which provides that the personal representative may bring an action for…

2Cases cited2 opinions

  1. Rosenzweig v. HellerSupreme Court of Pennsylvania · 1930
  2. Parker v. Fies & SonsSupreme Court of Alabama · 1942

3Cited by10 opinions

  1. Wells v. Simonds Abrasive Co.Supreme Court of the United States · 1953
  2. Brown v. WoodringDistrict Court, M.D. Pennsylvania · 1959
  3. Hutto v. Benson Newark Ins. Co. v. BensonCourt of Appeals for the Sixth Circuit · 1954
  4. Roberta Wells, as Administratrix of the Estate of Cheek Wells v. Simonds Abrasive CompanyCourt of Appeals for the Third Circuit · 1952
  5. United States v. JacobsDistrict Court, D. New Jersey · 1957

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