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170 F.2d 1022

Docket No. 9659.

Slabinski v. Lippincott

Third Circuit Court of Appeals

Argued Nov. 3, 1948.

Decided Nov. 26, 1948.

Third Circuit Court of Appeals · decided 1948-11-26

2 counsel of record

Opinion by (per_curiam) · Decided 1948-11-26

¶1Raymond A White, Jr., of Philadelphia, Pa., for appellant.

¶2Albert C. Gekoski, of Philadelphia, Pa., for appellee.

¶3Before BIGGS, Chief Judge, and Mc-LAUGHLIN and KALODNER, Circuit Judges.

¶4PER CURIAM.

¶5Careful consideration of the points raised by the defendant has convinced us that the question of the plaintiff’s alleged contributory negligence was a matter for the jury to decide. We are of the opinion also that the verdict of the jury in favor of the plaintiff was not capricious, was not against the credible evidence and was in accordance with the adequate charge of the trial court.

¶6Accordingly the judgment appealed from will be affirmed.

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