Melvin W. Kahle, Administrator of the Estate of Moses Joiner, Deceased v. John W. Acton

Third Circuit

Melvin W. Kahle, Administrator of the Estate of Moses Joiner, Deceased v. John W. Acton

339 F.2d 215

CourtCourt of Appeals for the Third Circuit

DecidedDecember 1, 1964

Docket14844_1

StatusPublished

This text of 339 F.2d 215 (Melvin W. Kahle, Administrator of the Estate of Moses Joiner, Deceased v. John W. Acton) 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.

Bluebook

Melvin W. Kahle, Administrator of the Estate of Moses Joiner, Deceased v. John W. Acton, 339 F.2d 215 (3d Cir. 1964).

Pincite

Opinion

PER CURIAM.

This is an appeal from the judgment of the district court entered on a directed verdict for the defendant in an action for damages for the death of the plaintiff’s decedent, a pedestrian, who was struck by an automobile being driven by the defendant late at night on the Parkway West, an unlighted limited access highway in the City of Pittsburgh, about eight-tenths of a mile west of the Fort Pitt tunnels. In his charge to the jury the trial judge reviewed the evidence and the applicable principles of Pennsylvania law and reached the conclusion that the evidence was insufficient to support a finding of negligence on the part of the defendant. He accordingly directed the verdict on which the judgment appealed from was entered. Our review of the evidence and the law satisfies us that the action of the trial judge was right for the reasons given in his charge, to which we need add nothing.

The judgment of the district court will be affirmed.

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PER CURIAM.

This is an appeal from the judgment of the district court entered on a directed verdict for the defendant in an action for damages for the death of the plaintiff’s decedent, a pedestrian, who was struck by an automobile being driven by the defendant late at night on the Parkway West, an unlighted limited access highway in the City of Pittsburgh, about eight-tenths of a mile west of the Fort Pitt tunnels. In his charge to the jury the trial judge reviewed the evidence and the applicable principles of Pennsylvania law and reached the conclusion that the evidence was insufficient to support a finding of negligence on the part of the defendant. He accordingly directed the verdict on which the judgment appealed from was entered. Our review of the evidence and the law satisfies us that the action of the trial judge was right for the reasons given in his charge, to which we need add nothing.

The judgment of the district court will be affirmed.

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Bluebook (online)

339 F.2d 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melvin-w-kahle-administrator-of-the-estate-of-moses-joiner-deceased-v-ca3-1964.