YASKIN v. ALLSTON

Civ. A. No. 22400.

179 F.Supp. 757 (1959)

Meyer C. YASKIN v. Allen J. ALLSTON, Defendant, and City of Chester and the Pennsylvania Railroad Company, Third-Party Defendant.

United States District Court E. D. Pennsylvania.

November 25, 1959.


Attorney(s) appearing for the Case

Motel Hindin, Cynwyd, Pa., Winokur & Kahn, by Alan Kahn, Philadelphia, Pa., for plaintiff.

La Brum & Doak, by Charles L. Ford, Philadelphia, Pa., for defendant and third-party plaintiff.

Swartz, Campbell & Henry, by Lynn L. Detweiler, Philadelphia, Pa., for City of Chester, third-party defendant.

John J. McDevitt, 3rd, by Bernard J. Smolens, Philadelphia, Pa., for Pennsylvania R. Co., third-party defendant.


GRIM, District Judge.

In this diversity case the principal liability issue before the jury was whether plaintiff was struck by defendant's car while he was on the sidewalk or whether he was struck in the street when he walked into the side of defendant's car. The verdict was in favor of the defendant. Plaintiff has filed a motion for a new trial.

The principal contention which has been made in the argument for the new trial is that the trial judge erred in...

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