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