Legal Opinion

Eric McNello v. John B. Kelly, Inc. v. B. J. Lucarelli and Company, Inc., Third-Party

Court of Appeals for the Third Circuit

Decided November 17, 1960No. 13077PublishedCited by 123 opinions

1Opinion of the Court

BIGGS, Chief Judge.

On November 15, 1954, while working on the roof of a three-story building under contruction in Philadelphia, by the defendant Kelly, a Pennsylvania corporation, the plaintiff, McNello, a carpenter of twelve years’ experience, employed by the third-party defendant, Lucarelli, fell when a brick structure which he was using to aid him in crossing from one compartment to another in the building gave way, causing him to fall and to sustain injuries to his back. Mc-Nello sued Kelly, the builder of the brickwork, alleging that he was a citizen of Florida and invoking diversity…

2Cases cited25 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Gilbert v. DavidSupreme Court of the United States · 1915
  3. Louisville, New Albany & Chicago Railway Co. v. Louisville Trust Co.Supreme Court of the United States · 1899
  4. Dahlstrom v. ShrumSupreme Court of Pennsylvania · 1951
  5. Armit v. LovelandCourt of Appeals for the Third Circuit · 1940

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

3Cited by123 opinions

  1. Gregory A. Ivey v. George Wilson, Ron Hanley, Lt. Barnes, Robert Hendricks, Dewey Sowders, Capt. Barnett, Phil Parker, Andy Knight, and Tom StewartCourt of Appeals for the Sixth Circuit · 1987
  2. Field v. Volkswagenwerk AGCourt of Appeals for the Third Circuit · 1980
  3. Aspen Highlands Skiing Corp. v. Aspen Skiing Co.Court of Appeals for the Tenth Circuit · 1984
  4. Edward C. Smith v. Borough of WilkinsburgCourt of Appeals for the Third Circuit · 1998
  5. Anita Pritchard, Administratrix of the Estate of Otto E. Pritchard, Deceased v. Liggett & Myers Tobacco Company, a CorporationCourt of Appeals for the Third Circuit · 1965

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

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