Conry v. Baltimore & O. R. Co.

McLAUGHLIN, Circuit Judge.

We set aside the first judgment in this personal injury suit and returned it to the district court for retrial. 3 Cir., 1952, 195 F.2d 120. The case now comes to us following a second verdict in favor of the plaintiff. Since in the referred to opinion we outlined the factual situation in detail we will not go into that phase any more than is necessary to background the questions presently involved.

The first of these arises out of the contention that appellee wholly failed to show affirmative proof of appellant’s responsibility for maintaining the street level…