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TOHAN v. JOSEPH T. RYERSON AND SON, INC.

Nos. 12771, 12772.

265 F.2d 920 (1959)

Rudolph John TOHAN, Appellant v. JOSEPH T. RYERSON AND SON, INC., a Delaware Corporation (Custodis Construction Co., Inc., a Delaware Corporation). Norman WILSON, Appellant v. JOSEPH T. RYERSON AND SON, INC., a Delaware Corporation (Custodis Construction Co., Inc., a Delaware Corporation).

United States Court of Appeals Third Circuit.

Decided May 6, 1959.

Attorney(s) appearing for the Case

Samuel Polsky, Philadelphia, Pa. (M. Alan Bank, Thomas Z. Minehart, Philadelphia, Pa., on the brief), for appellants.

Francis E. Marshall, Philadelphia, Pa. (Davis, Marshall & Crumlish, Philadelphia, Pa., on the brief), for appellee Joseph T. Ryerson and Sons, Inc.

Before McLAUGHLIN and HASTIE, Circuit Judges, and MORRILL, District Judge.

McLAUGHLIN, Circuit Judge.

In these personal injury negligence actions the court on motion set aside verdicts in favor of the plaintiffs and ordered that judgments n. o. v. be entered in favor of the defendants. Appellants complain that in so doing the court failed to view the evidence in the light most favorable to the plaintiffs.

The problem is evidential, simply whether, irrespective of any question of credibility, there is sufficient testimony in this...

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