U.S. Court of Appeals for the Third Circuit, 1958

Maxwell Tillman Cohen v. Jacob Henry Rodenbaugh, Individually and Trading as Minisink Hills Stables

U.S. Court of Appeals for the Third Circuit · Decided May 14, 1958 · Maris, Kalodner, Hastie

255 F.2d 105; 1958 U.S. App. LEXIS 4166 (Federal Reporter, Second Series)

Counsel

Marshall J. Seidman, Bank & Minehart, Philadelphia, Pa., for appellant., Max E. Cohen, Joseph D. Shein, Philadelphia, Pa., for appellee.

Cases that cite this one

1 later published case cites this decision.

Burwell v. Crist (District Court, M.D. Pennsylvania 1966)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM.

In this diversity suit brought by the plaintiff for injuries sustained from a kick by a horse which the defendant had rented to him the trial judge at the close of the plaintiff’s evidence granted the defendant’s motion to dismiss the complaint on the ground that the undisputed evidence established the plaintiff’s contributory negligence. Subsequently the court denied plaintiff’s motion for a new trial, holding that the evidence failed to establish negligence on the part of the defendant. We have examined the evidence and are not able to say that either of these rulings is clearly erroneous.

The judgment of the district court will accordingly be affirmed.

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