LECOINTE v. SCHYUNBERG

No. 17235.

407 F.2d 59 (1969)

Mr. & Mrs. Bellot LECOINTE v. Hugo L. SCHYUNBERG, Agnes Petersen, Arthur Petersen, Cuthbert Petersen, Elisha Daniel, Julia Cummings, Camella Petersen, Arthur Petersen, Appellant.

United States Court of Appeals Third Circuit.

Decided February 6, 1969.


Attorney(s) appearing for the Case

Frank Padilla, Frederiksted, V. I., for appellant.

Ronald H. Tonkin, James, Hodge & Tonkin, Christiansted, V. I., for appellees.

Before FREEDMAN, VAN DUSEN and ALDISERT, Circuit Judges.


Argued at Christiansted January 28, 1969.

OPINION OF THE COURT

PER CURIAM.

In this action for wrongful death brought under 5 V.I. Code, Section 76, the learned trial judge held the defendants liable under the doctrine of attractive nuisance as defined in Section 339 of the Restatement of Torts, Second, which, by 1 V.I. Code, Section 4, is the governing law in the Virgin Islands in the absence of local law to the contrary.

The evidence, which...

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