201 F2d 889 Dalgleish v. E Leonard M F

201 F.2d 889

Rose DALGLEISH and John Dalglelsh, Her Husband and John Dalgleish, Individually,


Walter E. LEONARD and Hilda M. Peterson, Executors of the Estate of Walter F. Leonard, Deceased, and Thomas Dursa, Appellants (John Dalgleish, third-party defendant).

No. 10880.

United States Court of Appeals Third Circuit.

Argued January 19, 1953.

Decided January 23, 1953.

Appeal from the United States District Court for the Western District of Pennsylvania; Rabe Ferguson Marsh, Judge.

Avra N. Pershing, Jr., Greensburg, Pa. (Henry B. Waltz, Jr., Greensburg, Pa., on the brief), for appellants.

Milton W. Lamproplos, Pittsburgh, Pa. (Smith, Buchanan, Ingersoll, Rodewald & Eckert, Hamilton A. Robinson and Dickie, McCamey, Chilcote, Reif & Robinson, all of Pittsburgh, Pa., on the brief), for appellees.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


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In this case the district court ordered judgment against one of the original defendants and the personal representatives of the other for injury arising out of an automobile accident. The court set aside the finding of the jury that John Dalgleish, one of the original plaintiffs and later joined as a third-party defendant, was negligent. The matter was discussed in an opinion by the district judge, D.C., 109 F.Supp. 930. We agree with his point of view about the matter and have nothing further to add.


The judgment of the district court will be affirmed.