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STEVENS v. PENNSYLVANIA RAILROAD COMPANY

No. 9726.

173 F.2d 221 (1949)

Tommasiena C. STEVENS v. PENNSYLVANIA RAILROAD COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided February 21, 1949.

Attorney(s) appearing for the Case

H. Francis DeLone, of Philadelphia, Pa. (Barnes, Dechert, Price, Smith & Clark, of Philadelphia, Pa., on the brief), for appellant.

Elias Magil, of Philadelphia, Pa. (Richter, Lord & Farage, of Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and KALODNER, Circuit Judges.

PER CURIAM.

Consideration of the record in this case and of the briefs and oral arguments of the parties convinces us that no substantial error was committed by the trial court. Our conclusion would be otherwise had not the court below instructed the jury to give no consideration to the testimony concerning the fracture of the trochanter. Cf. Moreau v. Pennsylvania R. Co., 3 Cir., 166 F.2d 543. The court, however, adequately charged...

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