Sol Diamond v. The Central Railroad Company of New Jersey
This text of 218 F.2d 294 (Sol Diamond v. The Central Railroad Company of New Jersey) 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
The sole question raised on this appeal by the plaintiff from what he regards as an inadequate judgment in a suit for personal injuries under the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., is whether the trial judge erred in submitting the question of contributory negligence to the jury. The plaintiff concedes that the trial judge’s instructions on this question were proper if there was evidence from which the jury might find the plaintiff guilty of contributory negligence over and above his assumption of the risk of his employment. Our examination of the record satisfies us that there was such evidence. We accordingly find no error.
The judgment of the district court will be affirmed, each party to bear its own costs in this court.
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218 F.2d 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sol-diamond-v-the-central-railroad-company-of-new-jersey-ca3-1955.