STAPLETON v. READING CO.

No. 3641.

26 F.2d 242 (1928)

STAPLETON v. READING CO.

Circuit Court of Appeals, Third Circuit.

May 1, 1928.


Attorney(s) appearing for the Case

Charles A. Ludlow, of New York City, for plaintiff in error.

Louis Rudner and Edward L. Katzenbach, both of Trenton, N. J., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

In the court below, the court at the close of the testimony granted a compulsory nonsuit, whereupon the plaintiff sued out this writ, which involves two questions: First, whether under the plaintiff's proofs the defendants showed negligence; and, second, whether in such case the court had power to grant a compulsory nonsuit. On the first question we agree with the court below. The alleged negligence of the railroad was that it had not furnished...

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