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MCGRATH v. WARK & CO.

October 9, 1941

McGRATH
v.
WARK & CO., Inc.



The opinion of the court was delivered by: KALODNER

The motion to dismiss must be granted.

 The plaintiff, who was employed by a subcontractor, is seeking to recover damages from the general contractor, for injuries suffered in the course of his employment.

 The accident occurred in Philadelphia, Pennsylvania. The Pennsylvania law applies. Erie Railroad Company v. Tompkins, 304 U.S. 64, 58 S. Ct. 817, 82 L. Ed. 1188, 114 A.L.R. 1487.

19411009

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