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45 F.2d 1015

Docket No. 4435.

McFadden v. Lewis

Third Circuit Court of Appeals

Decided Jan. 8, 1931.

Third Circuit Court of Appeals · decided 1931-01-08

2 counsel of record

Decided 1931-01-08

¶1McDermott, Enright & Carpenter, of Jersey City, N. J. (Jas. D. Carpenter, Jr., of Jersey City, N. J., of counsel), for appellant.

¶2McCarter & English, of Newark, N. J. (Gerald McLaughlin, of Newark, N. J., of counsel), for appellee.

¶3Before BUFFINGTON, WOOLLEY, and DAYIS, Circuit Judges.

¶4BUFFINGTON, Circuit Judge.

¶5In the court below, Lewis, the appellee, recovered a verdict and judgment against the appellant for damages caused, as was alleged, by the negligent driving of appellant’s truck, which ran over him. On entry of judgment, this appeal was taken, and the sole question involved is whether the trial court erred in refusing to give the jury binding instructions *1016to find for the defendant. No principles of law are involved. We have carefully studied the proofs and are of opinion they were such as necessitated the case to be sent to a jury.

¶6The judgment is therefore affirmed.

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