Joseph Frank v. Crescent Truck Company and Barrett Cravens Company

HASTIE, Circuit Judge.

This is an appeal by the plaintiff, Frank, from a judgment of involuntary dismissal entered at the conclusion of the plaintiff’s case on motion of the defendant Barrett Cravens Co. in an action for negligent personal injury. The accident in suit occurred in New Jersey. Federal jurisdiction exists solely by the reason of diversity of citizenship. Therefore, the law of New Jersey supplies the rules and principles of tort liability by which the correctness of the court’s action must be judged.

While operating a small “fork-lift” electric industrial truck within his…