Smith v. Delaware, L. & W. R. R.
This text of 208 F.2d 794 (Smith v. Delaware, L. & W. R. R.) 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 an appeal by the plaintiff from an order of the district court dismissing his complaint at the close of the presentation of his evidence at the trial of his suit for damages for personal injuries alleged to have been sustained as a result of the defendant’s negligence. We have carefully examined the evidence. No useful purpose would be served by recounting it in detail. It is sufficient to state that we are in complete accord with the conclusion of the district court that the doctrine of res ipsa loquitur was not applicable and that the evidence offered by the plaintiff was insufficient to establish negligence on the part of the defendant which was the proximate cause of the plaintiff’s fall.
The order of the district court will be affirmed.
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208 F.2d 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-delaware-l-w-r-r-ca3-1953.