Eugene P. Moore v. Sylvania Electric Products, Inc., a Corporation v. Keystone Electric Construction Co., Third Party

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Plaintiff’s diversity action appeal from the district court’s direction of a verdict for defendant questions whether the court erred in failing to find a pri-ma facie case of liability and in refusing to consider an alleged violation of the Pennsylvania Health and Safety Act of May 18, 1937, P.L. 654, 43 Pa.Stat.Anno. § 25-1, et seq. The appeal also raises the question of abuse of discretion in pretrial rulings.

Plaintiff, an electrician, alleged that he was injured when he fell three feet from a ladder after being overcome by “noxious fumes” while…