Richard N. Sunderland, Administrator of the Estate of Sherman E. Sunderland, Deceased v. The Pittsburgh & Lake Erie Railroad Company
This text of 344 F.2d 960 (Richard N. Sunderland, Administrator of the Estate of Sherman E. Sunderland, Deceased v. The Pittsburgh & Lake Erie 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
In the first appeal in this litigation we held it presented questions of fact which should have been presented to the jury. At the second trial the court concluded that the issue on negligence was for the jury. The latter decided in favor of the plaintiff.
Both the merits and damages were argued carefully and precisely on behalf of appellant. The testimony tending to show the proximate fault of the railroad was sparse but under it the court was justified in its conclusion that it presented a factual issue.
Appellant argues strongly that the son’s testimony regarding the family services of the father was hearsay. We do not think that the trial judge erred in holding that it was based on first-hand knowledge.
The judgment of the district court will be affirmed.
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Cite This Page — Counsel Stack
344 F.2d 960, 1965 U.S. App. LEXIS 6201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-n-sunderland-administrator-of-the-estate-of-sherman-e-ca3-1965.