Emil Brand v. Eastover, Inc.

First Circuit

Emil Brand v. Eastover, Inc.

295 F.2d 816, 1961 U.S. App. LEXIS 3118

Court of Appeals for the First Circuit·Decided November 22, 1961·No. 5875_1·Published

Opinion

*817 PER CURIAM.

In this diversity action for injuries sustained while coasting at a winter resort the court in effect told the jury that if the rock which appellant testified his sled struck was where he said it was he could recover, but that if there was no rock there at all, as defendant’s witnesses testified, he could not. We think this charge was fair and appropriate.

Judgment will be entered affirming the judgment and order of the District Court.

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*817 PER CURIAM.

In this diversity action for injuries sustained while coasting at a winter resort the court in effect told the jury that if the rock which appellant testified his sled struck was where he said it was he could recover, but that if there was no rock there at all, as defendant’s witnesses testified, he could not. We think this charge was fair and appropriate.

Judgment will be entered affirming the judgment and order of the District Court.

Emil Brand v. Eastover, Inc., 295 F.2d 816, 1961 U.S. App. LEXIS 3118 (1st Cir. 1961).

Pincite

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