SWARTZ v. EBERLY

No. 31270.

212 F.Supp. 32 (1962)

Virginia SWARTZ, Administratrix of the Estate of Cordell Miller, Deceased v. H. M. EBERLY, Herr & Co., Inc. and Lancaster Newspapers, Inc.

United States District Court E. D. Pennsylvania.

December 21, 1962.


Attorney(s) appearing for the Case

Frank E. Roda, Harrisburg, Pa., for plaintiff.

Thomas Raeburn White, Jr., of White & Williams, Philadelphia, Pa., for defendant, Lancaster Newspapers, Inc.


FREEDMAN, District Judge.

Plaintiff has brought a wrongful death and survival action as the administratrix of the estate of her deceased son, a boy 13 years of age, who was fatally injured on November 30, 1961. The accident occurred at about 5:30 P.M. while he was walking along the south berm of U. S. Route 30, approximately five miles west of the City of Lancaster. He was struck by a motor vehicle owned and operated by the defendant, Eberly, who at the time was acting...

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