U.S. Court of Appeals for the Third Circuit, 1931

McFadden v. Lewis

McFadden v. Lewis
U.S. Court of Appeals for the Third Circuit · Decided January 8, 1931 · Buffington, Dayis, Woolley
45 F.2d 1015; 1931 U.S. App. LEXIS 3110 (Federal Reporter, Second Series)

McFadden v. Lewis

Opinion of the Court

BUFFINGTON, Circuit Judge.

In the court below, Lewis, the appellee, recovered a verdict and judgment against the appellant for damages caused, as was alleged, by the negligent driving of appellant’s truck, which ran over him. On entry of judgment, this appeal was taken, and the sole question involved is whether the trial court erred in refusing to give the jury binding instructions *1016to find for the defendant. No principles of law are involved. We have carefully studied the proofs and are of opinion they were such as necessitated the case to be sent to a jury.

The judgment is therefore affirmed.

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