DAVIS v. SMITH

No. 12288.

253 F.2d 286 (1958)

James W. DAVIS, a Minor by Sue G. Davis, His Guardian, and Sue G. Davis, in Her Own Right, v. Ralph W. SMITH, Administrator C.T.A. of the Estate of George Maslin Davis, Deceased, Defendant and Third Party Plaintiff-Appellant, Shaner C. Haldeman, Third Party Defendant.

United States Court of Appeals Third Circuit.

Decided March 17, 1958.


Attorney(s) appearing for the Case

John B. Hannum, 3d, Pepper, Bodine, Frick, Scheetz & Hamilton, Philadelphia, Pa., (Edward F. Beatty, Jr., Philadelphia, Pa., on the brief), for appellant.

John J. McDevitt, 3d, Philadelphia, for Haldeman.

Martin J. Vigderman, Philadelphia, Pa., (Abraham E. Freedman, William M. Alper, Freedman, Landy & Lorry, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


STALEY, Circuit Judge.

The principal question presented in this appeal is whether the doctrine of intrafamily immunity in Pennsylvania prevents a negligence action by an unemancipated minor against the estate of his deceased father.

George Maslin Davis was driving his automobile on a country road in Chester County, Pennsylvania, on June 10, 1952. His minor son, James W. Davis, was a passenger in the car with him. The Davis car collided with a truck operated...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases