June 8, 1964
CAROLYN D. MOORE, ADMINISTRATRIX OF THE ESTATE OF PHILLIP P. MORELLO, DECEASED, APPELLANT,
UNITED STATES OF AMERICA, DEFENDANT AND THIRD-PARTY PLAINTIFF, V. JAY ASTER, INDIVIDUALLY AND T/A WINGATE CONSTRUCTION COMPANY, THIRD-PARTY DEFENDANT, CROSS-CLAIMANT AND CROSS-CLAIM DEFENDANT, AND PHILADELPHIA ELECTRIC COMPANY, THIRD-PARTY DEFENDANT, CROSS-CLAIMANT AND CROSS-CLAIM DEFENDANT, AND RUSSELL W. MORELLO AND ANTHONY MORELLO, INDIVIDUALLY AND AS PARTNERS TRADING AS RUSSELL W. MORELLO EXCAVATING AND PAVING CONTRACTOR, THIRD-PARTY DEFENDANT, CROSS-CLAIMANT AND CROSS-CLAIM DEFENDANT.
Before McLAUGHLIN and STALEY, Circuit Judges, and LEAHY, District Judge.
This case was tried to the court. Our own examination of the trial record shows substantial affirmative evidence in support of the district court's finding as a trier of the fact that plaintiff's decedent was guilty of contributory negligence which was a juridical cause of his death. Appellant's other points are without merit.
The judgment of the district court will be affirmed.
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