J.V. McFadden v. Lewis

Full title: J.V. McFADDEN, as Mack Trucking Co., Appellant, v. John LEWIS, Appellee

Court: Circuit Court of Appeals, Third Circuit

Date published: Jan 8, 1931

45 F.2d 1015 (3d Cir. 1931)

Opinion

No. 4435.

January 8, 1931.

Appeal from the District Court of the United States for the District of New Jersey; William Clark, Judge.

McDermott, Enright Carpenter, of Jersey City, N.J. (Jas. D. Carpenter, Jr., of Jersey City, N.J., of counsel), for appellant.

McCarter English, of Newark, N.J. (Gerald McLaughlin, of Newark, N.J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below, Lewis, the appellee, recovered a verdict and judgment against the appellant for damages caused, as was alleged, by the negligent driving of appellant's truck, which ran over him. On entry of judgment, this appeal was taken, and the sole question involved is whether the trial court erred in refusing to give the jury binding instructions to find for the defendant. No principles of law are involved. We have carefully studied the proofs and are of opinion they were such as necessitated the case to be sent to a jury.

The judgment is therefore affirmed.