Samuel Cresswell and Janet Cresswell, His Wife, Appellees, v. Axel Axelrod, Appellant, 222 F.2d 367 (3d Cir. 1955)

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US Court of Appeals for the Third Circuit - 222 F.2d 367 (3d Cir. 1955) Argued May 19, 1955
Decided May 31, 1955

Appeal from the United States District Court for the Western District of Pennsylvania; Joseph P. Willson, Judge.

Francis H. Patrono, Washington, Pa. (McCloskey, Patrono & McCloskey, Washington, Pa., Swartz, Campbell & Henry, Philadelphia, Pa., on the brief), for appellant.

John J. Moschetta, Washington, Pa., for appellees.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

PER CURIAM.


In this automobile personal injuries case, counsel for appellant argued carefully and capably that the judgment is contrary to the weight of the evidence and to the Pennsylvania incontrovertible physical facts rule. We think that under the evidence these matters were for the jury and the trial court. With reference to the form of the verdict, the error, if any, was unsubstantial.

The judgment of the district court will be affirmed.

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