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383 F.2d 455

Docket No. 31.

Docket Docket 31228.

Saxe v. Concord Hotel

Third Circuit Court of Appeals

Argued September 21, 1967.

Decided September 22, 1967.

Third Circuit Court of Appeals · decided 1967-09-22

2 counsel of record

Relies on Erie Co v. Tompkins · United Mine Workers of America v. Gibbs · Graham v. John Deere Company of Kansas City Calmar Inc

Opinion by Per Curiam · Decided 1967-09-22

Joseph L. Forscher, New York City, (David S. Glassman, New York City, on the brief), for appellees.

Julius Diamond, New York City (William F. McNulty, New York City, on the brief), for appellant.

Before WATERMAN, MOORE and FEINBERG, Circuit Judges.

PER CURIAM:

¶1

Appellant on argument concedes that there was no error in the trial judge's charge. To prevail, appellant must establish that there were no facts showing negligence or from which an inference of negligence could have been drawn. The record discloses sufficient facts to justify submission to the jury. Its verdict should not be disturbed.

¶2

Affirmed.

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