Nicolls v. Scranton Club

KALODNER, Circuit Judge.

The question on this appeal is whether the District Court erred in directing a verdict for the defendant on the issues of defendant's negligence and plaintiff's contributory negligence. The jurisdictional basis of the action is diversity of citizenship and amount. Accordingly, since all the operative facts occurred in Pennsylvania, the law of that state is determinative.

Viewed, as necessary, in the light most favorable to the plaintiff, the evidence is as follows: The plaintiff is a professional entertainer: a magician. On June 29, 1951, he filled a professional…