DOUGHERTY v. UHRIK

Civ. A. No. 13759.

128 F.Supp. 918 (1954)

James J. DOUGHERTY, Administrator of the Estate of Arthur McBeth, deceased, Plaintiff, v. A. M. UHRIK, Inc., and A. M. Uhrik, Individually, Defendant and Third-Party Plaintiff, Dominic A. PINGITORE and Beletz Brothers, Third-Party Defendants.

United States District Court, E. D. Pennsylvania.

July 3, 1954.


Attorney(s) appearing for the Case

William F. Quinlan, Philadelphia, for plaintiff.

J. B. H. Carter, Pepper, Bodine, Frick, Scheetz & Hamilton, Philadelphia, Pa., for defendant Uhrik.

Henry S. Ambler, Philadelphia, Pa., for Pingitore, third-party defendant.

Bernard I. Shovlin, Philadelphia, Pa., for Beletz Bros., third-party defendant.


KIRKPATRICK, Chief Judge.

Answering the interrogatories making up the special verdict in this case, the jury found that Pingitore was not an independent contractor but an employee of Uhrik and that McBeth's death was caused by the negligence of Uhrik or his employees in failing to guard properly the opening in the floor, by means of a railing.

The evidence as to Pingitore's status on the job, though disputed and in part somewhat equivocal, was quite sufficient...

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