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WIGGINS v. CITY OF PHILADELPHIA

No. 14495.

331 F.2d 521 (1964)

Herbert WIGGINS, Administrator of the Estate of James Wiggins, Appellant, v. CITY OF PHILADELPHIA v. PHILADELPHIA TRANSPORTATION COMPANY.

United States Court of Appeals Third Circuit.

Decided April 29, 1964.

Attorney(s) appearing for the Case

Louis S. Fine, Philadelphia, Pa. (Arnold C. Grossman, Fine, Staud & Silverman, Philadelphia, Pa., on the brief), for appellant.

Matthew W. Bullock, Jr., Deputy City Sol., Philadelphia, Pa., for City of Philadelphia. Martin Greitzer, Philadelphia, Pa., for Philadelphia Transportation Co.

(Harry A. Takif, Takif & Bolger, Philadelphia, Pa., on the brief), for third party defendant, Philadelphia Transportation Co. (James L. Stern, Second Deputy City Sol., Edward G. Bauer, Jr., City Sol., Philadelphia, Pa., on the brief), for the City of Philadelphia, appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

The appellant, administrator of the estate of James Wiggins, filed an action against the City of Philadelphia under the Pennsylvania Wrongful Death Act, 12 P.S. §§ 1601 et seq., and the Pennsylvania Survival Act, 20 P.S. § 320.601, based upon fatal injuries suffered by the plaintiff's decedent as the result of an electric flash or explosion which occurred on October 11, 1958 while he was on duty as a conductor employed by Philadelphia...

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