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CONCA v. NACIREMA OPERATING COMPANY

No. 14641.

329 F.2d 317 (1964)

Samuel CONCA, Plaintiff-Appellant, v. NACIREMA OPERATING COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Third Circuit.

Decided March 18, 1964.

Attorney(s) appearing for the Case

Jacob Rassner, New York City (Samuel M. Cole, Jersey City, N. J., on the brief), for appellant.

William L. Dill, Jr., Newark, N. J. (Stryker, Tams & Dill, Newark, N. J., James T. Clare, Newark, N. J., on the brief), for appellee.

Before McLAUGHLIN and FORMAN, Circuit Judges, and LEAHY, District Judge.

PER CURIAM.

In this common law negligence personal injury case, the trial court sustained the defense motion to dismiss the action on the ground that the plaintiff had failed to present any evidence from which negligence of the defendant might be reasonably inferred to have been a proximate cause of plaintiff's injuries. As the district judge found, plaintiff's attorney conceded that no affirmative evidence had been presented to support such an inference. Appellant...

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