Green v. Reading Co.

KALODNER, Circuit Judge.

The defendant, having suffered judgment against it in the court below, and its motions for judgment or a new trial pursuant to Rule 50(b), Federal Rules of Civil Procedure, 28 U.S.C.A., having been denied, raises on this appeal the question, whether the learned trial judge correctly instructed the jury on the law concerning its duty toward the plaintiff.

The pertinent facts are reported in the opinion of this Court dismissing a prior appeal. 1 We need only reiterate that the applicable law on the merits of the controversy is that of Pennsylvania.

The jury was given a…