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  • Edward Eggenberger v. Erie Railroad Company, 219 F.2d 658, 3rd Cir. (1955)

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    This document is a 3 sentence summary of a court case from the United States Court of Appeals for the Third Circuit. The court affirmed the judgment of the district court in a personal injury case arising from a grade crossing accident that was tried to the court. The district court made findings of fact accepting one line of testimony that was inconsistent with the plaintiff's evidence. The appellate court found that the district court's findings were not clearly erroneous and that there were no disputed legal issues, so it affirmed the lower court's judgment.

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    Filed: 1955-03-04 Precedential Status: Precedential Citations: 219 F.2d 658 Docket: 11430_1

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    This document is a 3 sentence summary of a court case from the United States Court of Appeals for the Third Circuit. The court affirmed the judgment of the district court in a personal injury case arising from a grade crossing accident that was tried to the court. The district court made findings of fact accepting one line of testimony that was inconsistent with the plaintiff's evidence. The appellate court found that the district court's findings were not clearly erroneous and that there were no disputed legal issues, so it affirmed the lower court's judgment.

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    5 views1 page

    Edward Eggenberger v. Erie Railroad Company, 219 F.2d 658, 3rd Cir. (1955)

    Uploaded by

    Scribd Government Docs
    This document is a 3 sentence summary of a court case from the United States Court of Appeals for the Third Circuit. The court affirmed the judgment of the district court in a personal injury case arising from a grade crossing accident that was tried to the court. The district court made findings of fact accepting one line of testimony that was inconsistent with the plaintiff's evidence. The appellate court found that the district court's findings were not clearly erroneous and that there were no disputed legal issues, so it affirmed the lower court's judgment.

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    of 1

    219 F.

    2d 658

    Edward EGGENBERGER, Appellant,


    v.
    ERIE RAILROAD COMPANY.
    No. 11430.

    United States Court of Appeals, Third Circuit.


    Argued February 23, 1955.
    Decided March 4, 1955.

    I. Reines Skier, Hawley, Pa., for appellant.


    Joseph C. Kreder, Scranton, Pa. (Walter L. Hill, Jr., Edward W. Warren,
    of Harris, Warren, Hill & Henkelman, Scranton, Pa., on the brief), for
    appellee.
    Before GOODRICH, KALODNER and STALEY, Circuit Judges.
    PER CURIAM.

    This is an appeal from a judgment for the defendant in a personal injury case.
    The case, which arose out of a grade crossing accident, was tried to the court
    who made full findings of fact. Those findings depend upon his acceptance of
    one line of testimony which was inconsistent with the evidence given for the
    plaintiff. This is the type of case where Rule 52(a), 28 U.S.C., is, by its own
    terms, especially applicable. The court's findings are not clearly erroneous.
    There is no disputed proposition of law.

    The judgment of the district court, 122 F.Supp. 481, will be affirmed.

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