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MANN v. FUNK

No. 8448.

141 F.2d 260 (1944)

MANN v. FUNK et al. (NATIONAL THREAD CO. of New York City et al., Third Party Defendants).

Circuit Court of Appeals, Third Circuit.

Decided February 29, 1944.

Attorney(s) appearing for the Case

Raymond Bialkowski, of Scranton, Pa. (Bialkowski, Bialkowski & Bialkowski, of Scranton, Pa., on the brief), for appellant.

Stanley F. Coar, of Scranton, Pa. (A. M. Lucks and David J. Reedy, both of Scranton, Pa., on the brief), for appellees.

Before JONES and McLAUGHLIN, Circuit Judges, and BARD, District Judge.

PER CURIAM.

The fundamental questions raised by this appeal involve material issues of fact which it was the jury's duty to resolve. The evidence in the case amply supports the jury's verdict which implies a finding that the plaintiff's injury was due directly to the negligence of the defendant Funk. The question of his negligence, as well as that of the third party individual defendant, was submitted to the jury in a fair and impartial charge, to which the appellant...

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