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TARBET v. THORP

Nos. 7607, 7609.

117 F.2d 495 (1941)

TARBET v. THORP. RINEHART v. SAME.

Circuit Court of Appeals, Third Circuit.

January 31, 1941.

Attorney(s) appearing for the Case

Raymond P. Leemhuis, of Erie, Pa. (English, Quinn, Leemhuis & Tayntor, of Erie, Pa., on the brief), for appellants.

Franklin B. Hosbach, of Erie, Pa. (Hosbach & Gleeten, of Erie, Pa., on the brief), for appellees.

Before MARIS, JONES and GOODRICH, Circuit Judges.

PER CURIAM.

From a careful examination of the record on these appeals we are of the opinion that the learned trial judge was correct in submitting the cases to the jury. The Pennsylvania incontrovertible-physical-facts rule, upon which the appellants rely, "does not apply where there are variables or doubtful estimates or where objects are not placed with certainty". Rex et al. v. Lehigh Valley Transit Co., 330 Pa. 275, 279, 199 A. 324, 326. In Hostetler v. Kniseley...

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