U.S. Court of Appeals for the Third Circuit, 1965

Harold F. Cochran v. Baltimore & Ohio Railroad Company

Harold F. Cochran v. Baltimore & Ohio Railroad Company
U.S. Court of Appeals for the Third Circuit · Decided January 28, 1965 · Biggs, Kalodner, Per Curiam, Smith
340 F.2d 709; 1965 U.S. App. LEXIS 6719 (Federal Reporter, Second Series)

Harold F. Cochran v. Baltimore & Ohio Railroad Company

Opinion

PER CURIAM.

There is sufficient evidence in the case at bar to justify the conclusion that the negligence of the defendant played a part in causing the plaintiff’s injury. The defendant-appellant argues in this court for the first time that a new trial should be granted because the verdict was against the weight of the medical evidence. Since this issue was not raised in the court below, we shall not consider it here. United States v. Ivy Hall Apartments, Inc., 310 F.2d 5, 10 (3 Cir. 1962). The judgment will be affirmed.

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