Union Paving Co. v. Thomas
This text of 195 F.2d 184 (Union Paving Co. v. Thomas) 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 primary question presented by the instant appeals is really one of fact— whether the defendants were, under the applicable Pennsylvania decisions, guilty of negligence, either alone or jointly with the plaintiff. Both cases were tried to the Court below without a jury. The District Court found as a fact that the defendants were free of negligence and that the plaintiff alone was guilty of negligence. This finding of fact is challenged here as “clearly erroneous” within the meaning of Rule 52(a), Federal Rules of Cwil Procedure, 28 U.S.C. Our review of the record discloses the finding is fully supported by the evidence.
The judgment of the Court below, in each of these appeals, will be affirmed upon the opinion of Judge Welsh, D.C., 103 F.Supp. 408.
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Cite This Page — Counsel Stack
195 F.2d 184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-paving-co-v-thomas-ca3-1952.