Joseph A. Ross v. Pennsylvania Railroad Company

197 F.2d 525, 1952 U.S. App. LEXIS 2651

• Court: Court of Appeals for the Third Circuit
• Decided: June 26, 1952
• Docket: 10655
• Status: Published

Opinion

PER CURIAM.

An examination of the record discloses substantial evidence of negligence to sustain the jury’s verdict against the defendant. Blair v. Baltimore & Ohio R. Co., 323 U.S. 600, 604, 65 S.Ct. 545, 89 L.Ed. 490. Cf. Lukon v. Pennsylvania R. Co., 3 Cir., 131 F.2d 327, 328. The evidence also shows that the plaintiff’s act was not the sole efficient cause of the injury. A careful examination of the record and review of the briefs and oral argument convince us that the court below committed no prejudicial error. Consequently the judgment will be affirmed.