Paul J. Rudolchick, Appellant, v. Pittsburgh & Lake Erie Railroad Company, a Corporation, 283 F.2d 255 (3d Cir. 1960)
Annotate this CaseDecided November 7, 1960
Rehearing Denied November 29, 1960
Appeal from United States District Court for Western District of Pennsylvania, John W. McIlvaine, District Judge.
Paul E. Moses, Pittsburgh, Pa. (Robert B. Ivory, Evans, Ivory & Evans, Pittsburgh, Pa., on the brief), for appellant.
Chauncey Pruger, Pittsburgh, Pa., (Chauncey Pruger, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellee.
Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.
PER CURIAM.
Examination of plaintiff's testimony, the only liability evidence offered, confirms the holding of Judge McIlvaine in the district court, that it does not present a jury question as to the negligence of the defendant. Rogers v. Missouri Pacific Railroad Co., 1957, 352 U.S. 500, 506, 77 S. Ct. 443, 1 L. Ed. 2d 493; Zegan v. Central Railroad of New Jersey, 3 Cir., 1959, 266 F.2d 101, 104.
The judgment of the district court will be affirmed.
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