Edward Eggenberger v. Erie Railroad Company
This text of 219 F.2d 658 (Edward Eggenberger v. Erie Railroad Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from a judgment for the defendant in a personal injury case. The case, which arose out of a grade crossing accident, was tried to the court who made full findings of fact. Those findings depend upon his acceptance of one line of testimony which was inconsistent with the evidence given for the plaintiff. This is the type of case where Rule 52(a), 28 U.S.C., is, by its own terms, especially applicable. The court’s findings are not clearly erroneous. There is no disputed proposition of law.
The judgment of the district court, 122 F.Supp. 481, will be affirmed.
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Cite This Page — Counsel Stack
219 F.2d 658, 1955 U.S. App. LEXIS 2958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edward-eggenberger-v-erie-railroad-company-ca3-1955.