Joseph D. Masterson v. New York Central Railroad Company

Third Circuit

Joseph D. Masterson v. New York Central Railroad Company

266 F.2d 1, 1959 U.S. App. LEXIS 3921

CourtCourt of Appeals for the Third Circuit

DecidedMay 5, 1959

Docket12813_1

StatusPublished

This text of 266 F.2d 1 (Joseph D. Masterson v. New York Central 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.

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Joseph D. Masterson v. New York Central Railroad Company, 266 F.2d 1, 1959 U.S. App. LEXIS 3921 (3d Cir. 1959).

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Opinion

PER CURIAM.

The only important question on this appeal is whether the request to charge res ipsa loquitur should have been granted.

Our own examination of the record completely satisfies us that Judge Will-son correctly held in his opinion on the motion for a new trial that “The request for charge was refused because inconsistent with the allegations in the Complaint as well as inconsistent with the position taken by plaintiff and his experienced and able counsel throughout the trial and finally because not warranted by the evidence introduced during the trial.” [169 F.Supp. 436.]

The judgment of the district court will be affirmed.

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PER CURIAM.

The only important question on this appeal is whether the request to charge res ipsa loquitur should have been granted.

Our own examination of the record completely satisfies us that Judge Will-son correctly held in his opinion on the motion for a new trial that “The request for charge was refused because inconsistent with the allegations in the Complaint as well as inconsistent with the position taken by plaintiff and his experienced and able counsel throughout the trial and finally because not warranted by the evidence introduced during the trial.” [169 F.Supp. 436.]

The judgment of the district court will be affirmed.

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Bluebook (online)

266 F.2d 1, 1959 U.S. App. LEXIS 3921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-d-masterson-v-new-york-central-railroad-company-ca3-1959.