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YOUNG v. WILKY CARRIER CORPORATION

No. 8659.

150 F.2d 764 (1945)

YOUNG v. WILKY CARRIER CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided July 26, 1945.

As Amended August 13, 1945.

Attorney(s) appearing for the Case

John J. McDevitt, Jr., of Philadelphia, Pa., for appellant.

Langdon W. Harris, Jr., of Philadelphia, Pa., for appellees.

Before GOODRICH and McLAUGHLIN, Circuit Judges and FAKE, District Judge.

FAKE, District Judge.

This case was tried by the court on stipulation waiving the right to a trial by jury. The judge found on ample evidence that there was negligence in the case and adjudicated damages accordingly. No issue however as to negligence per se is involved on this appeal. The errors alleged are limited to two underlying issues:

First: It appears that one Earl L. Welty had been served and brought in as a party defendant with the Wilky Carrier Corporation...

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