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  • John Berwanger v. Delaware, Lackawanna & Western Railroad Company, 290 F.2d 588, 3rd Cir. (1961)

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    John Berwanger sued the Delaware, Lackawanna & Western Railroad Company for personal injuries under New Jersey law. At the end of Berwanger's presentation of evidence, the trial judge granted the Railroad's motion for involuntary dismissal, finding that Berwanger did not provide sufficient evidence for the case to be submitted to a jury. The United States Court of Appeals for the Third Circuit affirmed the trial judge's decision, agreeing that Berwanger was not entitled to have his case sent to a jury based on the evidence presented.

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    Filed: 1961-05-09 Precedential Status: Precedential Citations: 290 F.2d 588 Docket: 13491

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    John Berwanger sued the Delaware, Lackawanna & Western Railroad Company for personal injuries under New Jersey law. At the end of Berwanger's presentation of evidence, the trial judge granted the Railroad's motion for involuntary dismissal, finding that Berwanger did not provide sufficient evidence for the case to be submitted to a jury. The United States Court of Appeals for the Third Circuit affirmed the trial judge's decision, agreeing that Berwanger was not entitled to have his case sent to a jury based on the evidence presented.

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    John Berwanger v. Delaware, Lackawanna & Western Railroad Company, 290 F.2d 588, 3rd Cir. (1961)

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    John Berwanger sued the Delaware, Lackawanna & Western Railroad Company for personal injuries under New Jersey law. At the end of Berwanger's presentation of evidence, the trial judge granted the Railroad's motion for involuntary dismissal, finding that Berwanger did not provide sufficient evidence for the case to be submitted to a jury. The United States Court of Appeals for the Third Circuit affirmed the trial judge's decision, agreeing that Berwanger was not entitled to have his case sent to a jury based on the evidence presented.

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    of 1

    290 F.

    2d 588

    John BERWANGER, Appellant


    v.
    DELAWARE, LACKAWANNA & WESTERN RAILROAD
    COMPANY.
    No. 13491.

    United States Court of Appeals Third Circuit.


    Argued April 21, 1961.
    Decided May 9, 1961.

    Bernard Chazen, Hoboken, N. J. (Nathan Baker, Hoboken, N. J., Baker,


    Garber & Chazen, Hoboken, N. J., on the brief), for appellant.
    Richard B. Wachenfeld, Hoboken, N. J., for appellee.
    Before GOODRICH, KALODNER and STALEY, Circuit Judges.
    PER CURIAM.

    This is a personal injury case in which the trial judge granted a motion for
    involuntary dismissal at the end of the plaintiff's evidence. The question is
    solely one of New Jersey law since all the operative facts occurred in New
    Jersey and federal jurisdiction is by reason of diversity only. We conclude that
    the trial judge was right and that there was not sufficient testimony on which
    the plaintiff was entitled to have his case submitted to a jury.

    The judgment will be affirmed.

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