SCULLY v. RAILWAY EXPRESS AGENCY

Civ. A. No. 15738.

137 F.Supp. 761 (1956)

James D. SCULLY v. RAILWAY EXPRESS AGENCY, Inc.

United States District Court E. D. Pennsylvania.

Rehearing Denied February 20, 1956.


Attorney(s) appearing for the Case

Thomas Z. Minehart, Philadelphia, Pa., for plaintiff.

Thomas Raeburn White, Jr., White, Williams & Scott, Philadelphia, Pa., for defendant.


VAN DUSEN, District Judge.

The jury was unable to agree on a verdict at the trial of this case and defendant has filed a motion for entry of judgment in his favor under Rule 50 (b), Fed.Rules Civ.Proc. 28 U.S.C., on the ground that plaintiff was guilty of contributory negligence as a matter of law.

Whether the plaintiff was, or was not, contributorily negligent as a matter of law under the Pennsylvania decisions is a very close question on the facts of this...

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