John Berwanger v. Delaware, Lackawanna & Western Railroad Company
This text of 290 F.2d 588 (John Berwanger v. Delaware, Lackawanna & Western 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 a personal injury case in which the trial judge granted a motion for involuntary dismissal at the end of the plaintiff’s evidence. The question is solely one of New Jersey law since all the *589 operative facts occurred in New Jersey and federal jurisdiction is by reason of diversity only. We conclude that the trial judge was right and that there was not sufficient testimony on which the plaintiff was entitled to have his case submitted to a jury.
The judgment will be affirmed.
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290 F.2d 588, 1961 U.S. App. LEXIS 4553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-berwanger-v-delaware-lackawanna-western-railroad-company-ca3-1961.