Opinion
Nos. 9168, 9171.
Argued October 16, 1946.
Decided October 22, 1946.
Appeal from the District Court of the United States for the Western District of Pennsylvania; Robert M. Gibson, Judge.
Action by Paul Glover and action by Kenneth F. Fries against the Baltimore Ohio Railroad Company, a corporation, wherein Lindsay G. Howard and Harry D. Ryan, individually and doing business as Keystone Transfer Company, were made third-party defendants, to recover for property damage sustained in collision between a train and a loaded trailer-truck. From judgments in favor of the plaintiffs and against the Baltimore Ohio Railroad Company, a corporation, it appeals.
Judgments affirmed.
Vincent M. Casey, of Pittsburgh, Pa. (Margiotti Casey, of Pittsburgh, Pa., on the brief), for appellants.
A.H. Rosenberg, of Pittsburgh, Pa., for appellee.
Sanford M. Chilcote, of Pittsburgh, Pa. (Dickie, Robinson McCamey, of Pittsburgh, Pa., on the brief), for Keystone Transfer Co.
Before ALBERT LEE STEPHENS, GOODRICH, and McLAUGHLIN, Circuit Judges.
These `two appeals were presented together and were tried together in the District Court. They involve claims on behalf of persons suffering property damage in a collision between a Baltimore Ohio Railroad train and a loaded trailer truck which was crossing the track. The Trial Judge submitted the case to the jury and it found for the plaintiffs. We have considered the facts and agree with the District Court that the case was one to be submitted to the jury and that there is sufficient factual basis to support its finding. The appellant raises one point about the sufficiency of the proof as to damage. We are satisfied that here, too, proof was sufficient to take the case to the jury.
The judgments are affirmed.