Matilda Mae Horrell, Administratrix of the Estate of Davidfranklin Horrell, Deceased, Appellant, v. Frank Seminsky, 467 F.2d 485 (3d Cir. 1972)

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US Court of Appeals for the Third Circuit - 467 F.2d 485 (3d Cir. 1972) Submitted Under Third Circuit Rule 12(6) Oct. 17, 1972. Decided Oct. 26, 1972

John E. Evans, Jr., Evans, Ivory & Evans, Pittsburgh, Pa., for appellant.

Norman J. Cowie, Robert S. Grigsby, Thomson, Rhodes & Grigsby, Pittsburgh, Pa., for appellee.

Before GIBBONS and JAMES ROSEN, Circuit Judges, and LAYTON, District Judge.



In this diversity wrongful death case the jury, in answer to an interrogatory "Was defendant, Frank Seminsky, negligent?" answered "No." Judgment was entered accordingly. Plaintiff administratrix asserts on appeal that the case was submitted to the jury on an improper charge. We have examined each contention as to the charge in the light of the evidence and we find no error. In each particular complained of the charge as given was correct in light of the evidence. The omissions complained of, none of which amount to plain error, were not called to the trial court's attention. See Rule 51, Fed.R.Civ.Proc. The judgment will be affirmed.