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  • Marian J. Wilson, Administratrix of The Estate of Robert E. Wilson v. Nu-Car Carriers, Inc., 256 F.2d 332, 3rd Cir. (1958)

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    The United States Court of Appeals for the Third Circuit affirmed the judgment of the district court in a wrongful death action brought under Pennsylvania law. The plaintiff's decedent was killed when the bakery truck he was driving collided with a tractor-trailer owned by the defendant. The jury found in favor of the plaintiff. All of the defendant's arguments on appeal, except one, were fully considered and properly disposed of in the district court's opinion denying the defendant's motions for a new trial and for judgment notwithstanding the verdict. The only remaining argument—that the trial court erred in instructing the jury on the presumption under Pennsylvania law that a deceased person exercised due care for his or her own safety—was also rejected, as the

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    Filed: 1958-06-16 Precedential Status: Precedential Citations: 256 F.2d 332 Docket: 12567

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    Marian J. Wilson, Administratrix of the Estate of Robert E. Wilson v. Nu-Car Carriers, Inc., 256 F.2d 332, 3rd Cir. (1958)

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    The United States Court of Appeals for the Third Circuit affirmed the judgment of the district court in a wrongful death action brought under Pennsylvania law. The plaintiff's decedent was killed when the bakery truck he was driving collided with a tractor-trailer owned by the defendant. The jury found in favor of the plaintiff. All of the defendant's arguments on appeal, except one, were fully considered and properly disposed of in the district court's opinion denying the defendant's motions for a new trial and for judgment notwithstanding the verdict. The only remaining argument—that the trial court erred in instructing the jury on the presumption under Pennsylvania law that a deceased person exercised due care for his or her own safety—was also rejected, as the

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    Marian J. Wilson, Administratrix of The Estate of Robert E. Wilson v. Nu-Car Carriers, Inc., 256 F.2d 332, 3rd Cir. (1958)

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    The United States Court of Appeals for the Third Circuit affirmed the judgment of the district court in a wrongful death action brought under Pennsylvania law. The plaintiff's decedent was killed when the bakery truck he was driving collided with a tractor-trailer owned by the defendant. The jury found in favor of the plaintiff. All of the defendant's arguments on appeal, except one, were fully considered and properly disposed of in the district court's opinion denying the defendant's motions for a new trial and for judgment notwithstanding the verdict. The only remaining argument—that the trial court erred in instructing the jury on the presumption under Pennsylvania law that a deceased person exercised due care for his or her own safety—was also rejected, as the

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    of 2

    256 F.

    2d 332

    Marian J. WILSON, Administratrix of the Estate of Robert E.


    Wilson
    v.
    NU-CAR CARRIERS, Inc., Appellant.
    No. 12567.

    United States Court of Appeals Third Circuit.


    Argued June 6, 1958.
    Decided June 16, 1958.

    F. Brewster Wickersham, Harrisburg, Pa. (Metzger, Wickersham &


    Knauss, Richard Wickersham, Harrisburg, Pa., on the brief), for appellant.
    Spencer R. Liverant, York, Pa. (Morris M. Terrizzi, Huntingdon, Pa.,
    Markowitz, Liverant, Rauhauser & Kagen, York, Pa., on the brief), for
    appellee.
    Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.
    PER CURIAM.

    This is an action under the Pennsylvania Wrongful Death Act, 12 P.S. 1601 et
    seq., for damages for the death of the plaintiff's decedent in a collision between
    the bakery truck which he was driving and a tractor and trailer owned by the
    defendant and driven by one of its employees. The collision occurred on U.S.
    Highway 22 east of McVeytown in Mifflin County, Pennsylvania. The jury
    rendered a verdict in favor of the plaintiff. Motions for a new trial and for
    judgment n.o.v. were denied and this appeal followed.

    All the contentions which the defendant now makes, save one, were fully
    considered and properly disposed of in the opinion filed by Judge Follmer in
    the district court in disposing of the motions for a new trial and for judgment
    n.o.v., 158 F.Supp. 127. We are in full accord with what is said in his opinion
    and we need add nothing to it. The only other contention of the defendant is
    that the trial court erred in instructing the jury upon the presumption of the
    Pennsylvania law that a person killed in an accident was exercising due care for

    his own safety. We have examined the trial judge's instructions in this regard
    but find no error in them.
    3

    The judgment of the district court will be affirmed.

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