O'BRIEN v. CALMAR S. S. CORPORATION

No. 20688.

25 F.Supp. 752 (1938)

O'BRIEN v. CALMAR S. S. CORPORATION.

District Court, E. D. Pennsylvania.

November 29, 1938.


Attorney(s) appearing for the Case

Freedman & Goldstein and Abraham E. Freedman, both of Philadelphia, Pa., for plaintiff.

Lewis, Wolff, Gourlay & Hemphill and John Hemphill, all of Philadelphia, Pa., for defendant.


DICKINSON, District Judge.

The first question to be determined is the classic one of "where are we at". Before the new Rules of Civil Procedure this would have been a case of the granting of a non-suit, the propriety of which could have been challenged by a motion to take it off. If the motion was allowed the case would, under the Pennsylvania system of practice, automatically, result in a retrial. If refused, it would...

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