185 F2d 674 Kamosky v. Owens-Illinois Glass Company

185 F.2d 674

Joseph L. KAMOSKY, and Joseph G. Kamosky, a Minor, by Joseph
L. Kamosky, Guardian, Appellants,

No. 10303.

United States court of Appeals third Circuit.

Argued Dec. 22, 1950.
Decided Dec. 29, 1950.

Henry M. Biglan, Scranton, Pa., for appellant.

Charles H. Welles, 3d, Scranton, Pa. (James W. Scanlon, Scranton, Pa., and Walter W. Harris, of O'Malley, Harris, Harris & Warren, Scranton, Pa., on the brief), for appellee.

Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.


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The plaintiffs have appealed from a judgment entered on a directed verdict for the defendant in a suit for damages for personal injuries suffered by the minor plaintiff when a beer bottle alleged to have been negligently manufactured by the defendant exploded. The trial judge held that the plaintiffs had failed to produce any substantial evidence from which the jury could have found that the bottle in question had been manufactured by the defendant. 89 F.Supp. 561. Our examination of the record satisfies us that the trial judge was right in so holding. The testimony of the expert witness upon which the plaintiffs rely was plainly insufficient to support a finding in their favor on this point. Since the plaintiffs thus failed to connect the defendant with the bottle which caused the injuries the trial judge was right in withdrawing the case from the jury and directing a verdict for the defendant.


The judgment of the district court will be affirmed.