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FRANKEL v. BURKE'S EXCAVATING, INC.

Nos. 32830, 32831.

269 F.Supp. 1007 (1967)

Alvin H. FRANKEL, Administrator of the Estate of Gregory J. Gallagher, Deceased, Plaintiff, v. BURKE'S EXCAVATING, INC., and Rose Borkowski, Administratrix of the Estate of Charles Borkowski, also known as Charles S. Borkowski, Deceased, and Bryn Mawr Trust Co. and Edward Borkowski, Executors of the Estate of Michael Borkowski, also known as Michael S. Borkowski, Deceased, Defendants, and Allen D. WYLIE, Jr. and Jean R. Wylie and Joseph R. Gallagher and Katherine K. Gallagher, Third-Party Defendants. Alvin H. FRANKEL, Administrator of the Estate of Allen D. Wylie, III, Deceased, Plaintiff, v. BURKE'S EXCAVATING, INC., and Rose Borkowski, Administratrix of the Estate of Charles Borkowski, also known as Charles S. Borkowski, Deceased, and Bryn Mawr Trust Co. and Edward Borkowski, Executors of the Estate of Michael Borkowski, also known as Michael S. Borkowski, Deceased, Defendants, and Allen D. WYLIE, Jr., and Jean R. Wylie and Joseph R. Gallagher and Katherine K. Gallagher, Third-Party Defendants.

United States District Court E. D. Pennsylvania.

June 16, 1967.

Attorney(s) appearing for the Case

Gordon W. Gerber, Philadelphia, Pa., for plaintiff.

James J. McEldrew, Philadelphia, Pa., for defendant.

OPINION

FULLAM, District Judge.

In these consolidated negligence actions, plaintiffs seek to recover damages by reason of the deaths of two young boys, aged seven and eight respectively, who were drowned when they fell through the ice of an old quarry or pond on property of the defendant corporation. Plaintiffs attempted to make out a case to justify the application of the legal principles set forth in Section 339 of the Restatement of Torts, which provides...

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