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185 F.2d 675

Docket No. 10300.

Schmidt v. Lizza

Third Circuit Court of Appeals

Argued Dec. 21, 1950.

Decided Dec. 29, 1950.

Third Circuit Court of Appeals · decided 1950-12-29

Cited by 2 later decisions — most recently December 1950

2 federal appellate ·

1 counsel of record

Relies on O'Donnell Transp. Co. v. Tidewater Iron & Steel Co.

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1950-12-29

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¶1Joseph F. Weis, Pittsburgh, Pa. (Sherriff, Lindsay, Weis & McGinnis, Pittsburgh, Pa., on the brief), for appellees.

¶2*676Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges. '

¶3PER CURIAM.

¶4This is an appeal by. the plaintiff from a judgment entered on the verdict of a jury for the defendants in a civil action for damages for injuries suffered by the minor plaintiff as a result of the premature expíosion in Nebraska of an aerial bomb alleged to have been negligently manufactured by the defendants who were also charged to have violated an alleged implied warranty of fitness. The plaintiffs allege errors in the charge of the trial judge with respect to the Nebraska law of comparative negligence and assumption of risk and assert that the evidence did not support the verdiet. Our examination of the record, however, satisfies us that the charge was free from error and that the evidence fully supported the jury’s verdict.

¶5The judgment of the district court will be affirmed.

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