¶1Rudolph A. Chillemi, Bellis, Kolsby & Wolf, Philadelphia, Pa. (Edward L. Wolf, Philadelphia, Pa., on the brief), for appellants.
¶2Martin S. Goodman, Philadelphia, Pa., for appellees.
¶3Before GANEY, SEITZ and ALDISERT, Circuit Judges.
¶4OPINION OF THE COURT
¶6In this diversity action for personal injuries arising out of an automobile collision, the jury returned a verdict for the defendant. Plaintiff-appellants make numerous assignments of error in the trial below. We have considered them all. And we conclude they are without merit.
¶7Appellants raise several complaints about the charge to the jury. A reading of the charge as a whole shows it to reflect accurately the legal standards governing this ease. Ridgway National Bank v. North American Van Lines, Inc., 326 F.2d 934 (3 Cir. 1964); Gerhart v. Henry Disston and Sons, Inc., 290 F.2d 778 (3 Cir. 1961). Moreover, no objection was made to one of these points relating to the burden of proof in damages as required under Fed.R.Civ. Proc. 51. Consequently, it cannot be considered on appeal absent our finding fundamental error. Frankel v. Burke’s Excavating, Inc., 397 F.2d 167 (3 Cir. 1968). We find no such error.
¶8Similarly, we are not persuaded by appellants’ assertions that the trial judge’s conduct and comments prejudiced the plaintiffs before the jury. The degree of court participation in the trial of a cause is within the sound discretion of the trial judge. Bissonette v. National Biscuit Co., 100 F.2d 1003 (2 Cir. 1939). We find no abuse here.
¶9The judgment will be affirmed.