Joseph A. Ross v. Pennsylvania Railroad Company, Appellant, 197 F.2d 525 (3d Cir. 1952)

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US Court of Appeals for the Third Circuit - 197 F.2d 525 (3d Cir. 1952) Argued June 2, 1952
Decided June 26, 1952

Appeal from the United States District Court for the Western District of Pennsylvania; Rabe Ferguson Marsh, Jr., Judge.

Before BIGGS, Chief Judge, and KALODNER and STALEY, Circuit Judges.

Bruce R. Martin, Pittsburgh, Pa. (Dalzell, Pringle, Bredin & Martin, Pittsburgh, Pa., on the brief), for appellant.

Sylvan Libson, Pittsburgh, Pa. (Harrison & Libson, Pittsburgh, Pa., on the brief), for appellee.


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.