U.S. Court of Appeals for the Third Circuit, 1962

Caroline C. Almond, Administratrix of the Estate of Elinor Hynes, Deceased, a Minor v. Joseph Pollon and John Broomall

Caroline C. Almond, Administratrix of the Estate of Elinor Hynes, Deceased, a Minor v. Joseph Pollon and John Broomall
U.S. Court of Appeals for the Third Circuit · Decided April 4, 1962 · Goodrich, McLAUGHLIN, Per Curiam, Smith
300 F.2d 763; 1962 U.S. App. LEXIS 5476 (Federal Reporter, Second Series)

Caroline C. Almond, Administratrix of the Estate of Elinor Hynes, Deceased, a Minor v. Joseph Pollon and John Broomall

Opinion

PER CURIAM.

This is a suit by an administratrix to recover damages for the death of a small child who was run over by the defendant, Pollon. The other defendant, Broomall, is charged with responsibility on the theory that he did not stop or park his car in accordance with the pertinent Pennsylvania statutory provisions and that this failure contributed to the accident which resulted in the child’s death. The trial judge directed a verdict in favor of the defendant Broomall; the jury returned a verdict in favor of the defendant Pollon. The trial judge not only charged the jury in detail but wrote a memorandum discussing the points in the case and denying the motion for a new trial. There was no error.

The judgment of the district court will be affirmed, 198 F.Supp. 301.

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