McLAUGHLIN, Circuit Judge.
In this diversity action for personal injuries plaintiff appeals from the judgment against him and from the denial of his motions for a new trial.
On January 10, 1949, at a dock in Philadelphia, the S. S. Pioneer Tide was being unloaded of its cargo of ore. By 7:00 P. M. the only ore remaining was that in the wings of the hold. Special tub gangs of Lavino Company, the stevedoring contractor, were removing this. In that operation...
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