U.S. Court of Appeals for the Third Circuit, 1952

Joseph A. Ross v. Pennsylvania Railroad Company

Joseph A. Ross v. Pennsylvania Railroad Company
U.S. Court of Appeals for the Third Circuit · Decided June 26, 1952 · Biggs, Ka-Lodner, Per Curiam, Staley
197 F.2d 525; 1952 U.S. App. LEXIS 2651 (Federal Reporter, Second Series)

Joseph A. Ross v. Pennsylvania Railroad Company

Opinion

PER CURIAM.

An examination of the record discloses substantial evidence of negligence to sustain the jury’s verdict against the defendant. Blair v. Baltimore & Ohio R. Co., 323 U.S. 600, 604, 65 S.Ct. 545, 89 L.Ed. 490. Cf. Lukon v. Pennsylvania R. Co., 3 Cir., 131 F.2d 327, 328. The evidence also shows that the plaintiff’s act was not the sole efficient cause of the injury. A careful examination of the record and review of the briefs and oral argument convince us that the court below committed no prejudicial error. Consequently the judgment will be affirmed.

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