Du Bois Electric Co. v. Pancoast's Adm'r
Court of Appeals for the Third Circuit
In Error to the District Court of the United States for the Western District of Pennsylvania; W. H. Seward Thomson, Judge. Action by the Fidelity Title & Trust Company, administrator of the estate of V. W. Pancoast, against the Du Bois Electric Company. There was judgment for plaintiff, and defendant brings error.
1Per curiam
The principal facts of this ease will be found in the opinion delivered on the former writ of error. Du Bois Electric Co. v. Fidelity Title & Trust Co., 238 Fed. 129, 151 C. C. A. 205, L. R. A. 1917C, 907. We there decided that the only ground for holding the Electric Company liable for the injury to Pancoast “would be a continuing duty resting on the company so to maintain the banner that persons on the street should not be endangered.” On the irial now under review some evidence was offered on this question, and the verdict must he based on a finding that the company had undertaken the duty…
2Cases cited1 opinion
- Du Bois Electric Co. v. Fidelity Title & Trust Co.Court of Appeals for the Third Circuit · 1916