Myers v. Reading Co., 155 F.2d 523 (3d Cir. 1946)

No. 9102.

Argued May 20, 1946.

Decided May 29, 1946.

B. Nathaniel Richter, of Philadelphia, Pa. (Benjamin Fertik, of Philadelphia, Pa., on the brief), for appellant.

Henry R. Heebner, of Philadelphia, Pa. (Wm. Clarke Mason, of Philadelphia, Pa., on the brief), for appellee.

Before MARIS, GOODRICH, and MCLAUGHLIN, Circuit Judges.

PER CURIAM.

In this case the District Judge set aside a verdict of a jury and entered judgment for the defendant. The general verdict was accompanied by special interrogatories the answers to which disposed of the main theory of the plaintiff’s case. The District Court concluded that the plaintiff, as a matter of law, had failed to make out a case under the statute. We agree with that conclusion.

Affirmed.