Lyndell Wilson, Appellant, v. the Ohio River Company, a Corporation, Appellee, 375 F.2d 775 (4th Cir. 1967)

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US Court of Appeals for the Fourth Circuit - 375 F.2d 775 (4th Cir. 1967) Argued March 9, 1967
Decided April 3, 1967

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington; Sidney L. Christie, Judge.

See also D.C., 234 F. Supp. 283; D.C., 236 F. Supp. 96.

Harry Alan Sherman, Pittsburgh, Pa. (Chad W. Ketchum, Huntington, W. Va., on brief), for appellant.

Harold R. Schmidt, Pittsburgh, Pa. (R. Gregory McNeer, Huntington, W. Va. and Anthony J. Polito, Pittsburgh, Pa., Campbell, McNeer, Woods, Bagley & Emerson, Huntington, W. Va., and Rose, Schmidt & Dixon, Pittsburgh, Pa., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, CRAVEN, Circuit Judge, and SIMONS, District Judge.


In this appeal from a judgment entered upon the verdict of a jury, we find an adequate basis for the jury's factual determination. It was not bound to accept uncritically the plaintiff's testimonial claim.

We find no merit in the other contentions of trial error.