Opinion
October 10, 1968.
November 27, 1968.
Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeals, Nos. 120 and 136, March T., 1968, from judgments of Court of Common Pleas of Erie County, Sept. T., 1965, No. 4, in case of Margaret A. Hinkler, executrix of estate of Andrew H. Hinkler, deceased, v. Curtt Hoover, doing business as Curtt Hoover Excavating Contractor, et al. Judgments affirmed.
Trespass for wrongful death and survival action. Before CARNEY, P. J.
Verdict for plaintiff; defendant and additional defendant's motions for judgment n.o.v. and new trial dismissed. Defendant and additional defendant, respectively, appealed.
Irving O. Murphy, with him MacDonald, Illig, Jones Britton, for defendant, appellant.
James D. McDonald, Jr., with him Quinn, Plate, Gent, Buseck Leemhuis, for additional defendant, appellant.
John W. Beatty, with him Knox, Graham, Pearson McLaughlin, for appellee. Thomas J. McCarthy, and Shreve, Sennett, McCarthy Higgins, for appellee.
Judgments affirmed.
Mr. Justice MUSMANNO took no part in the consideration or decision of this case.