Gordon v. Robinson (Gordon, Third-Party Defendant)

McLAUGHLIN, Circuit Judge. ,

This is an appeal by Fletcher J. Gordon and Esther M. Gordon, his wife, from the district court’s denial of théir motion for a new trial and the entry of judgment on a verdict for defendant, George W. Robinson, D.C.W.D.Pa.1952, 109 F.Supp. 106. The litigation arose out of a collision between Gordon’s automobile and Robinson’s truck north of Union City, Pennsylvania. Jurisdiction is based on diversity, the Gordons being residents of New York, Robinson of Pennsylvania. Originally both Gordons were parties plaintiff. However, on motion of defendant a severance was…