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FRANKEL v. JOHNS-MANVILLE CORPORATION

Civ. A. No. 13992.

134 F.Supp. 108 (1955)

Alvin H. FRANKEL, Administrator ad prosequendum of the Estate of Lynn E. Hoyt, Deceased, Plaintiff, v. JOHNS-MANVILLE CORPORATION, Turner Construction Company, Defendants and Third-Party Plaintiffs, The Belmont Iron Works (Ralph Cornell, Inc., Third-Party Defendants).

United States District Court E. D. Pennsylvania.

February 11, 1955.

Attorney(s) appearing for the Case

Milton M. Borowsky, Freedman, Landy and Lorry, Philadelphia, Pa., for plaintiff.

J. B. H. Carter, Pepper, Bodine, Frick, Scheetz & Hamilton, Philadelphia, Pa., for Johns-Manville Corp.

Walter B. Gibbons, Philadelphia, Pa., for Turner Construction Co.

Thomas Raeburn White, Jr., White, Williams & Scott, Philadelphia, Pa., for Belmont Iron Works.

John J. McDevitt, 3rd, Philadelphia, Pa., for Ralph Cornell, Inc.

KIRKPATRICK, Chief Judge.

(1) Turner's motion for judgment under Rule 50, 28 U.S.C., or for a new trial.

Hoyt, the decedent, was last seen a matter of seconds before his death as he was starting to descend a steel column rising some six to eight feet from the transite roof which broke under his weight. No one actually saw what happened.

The principal ground for these motions is that the circumstantial evidence which the plaintiff offered was insufficient...

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