Legal Opinion
Tuschman v. Pennsylvania Railroad
Court of Appeals for the Third Circuit
Decided March 9, 1956No. 11755PublishedCited by 3 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge.
In this diversity action appellees, owners of a crawler crane, sued appellant, as a common carrier, for damage to the crane allegedly sustained while in appellant’s possession. There was a verdict for the plaintiffs in the sum of $2,000. The trial court denied a defense motion for judgment n.o.v. and plaintiffs’ motion to add interest to the verdict. The defendant appeals.
It is urged that the plaintiffs failed to prove where the damage occurred and that, even assuming some damage in transit, the evidence was too speculative to warrant submission to a jury.
On February…
2Cases cited17 opinions
- Southern Railway Co. v. PrescottSupreme Court of the United States · 1916
- Nelson v. WoodruffSupreme Court of the United States · 1862
- State v. ClarkSupreme Court of Iowa · 1909
- Swiney v. American Express Co.Supreme Court of Iowa · 1908
- Industrial Commission v. CardenOhio Supreme Court · 1935
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3Cited by3 opinions
- Blue Bird Food Products Co. v. Baltimore & Ohio Railroad CompanyCourt of Appeals for the Third Circuit · 1973
- Blue Bird Food Products Co. v. Baltimore & Ohio Railroad CompanyCourt of Appeals for the Third Circuit · 1974
- Blue Bird Food Products Co. v. Baltimore & Ohio Railroad CompanyCourt of Appeals for the Third Circuit · 1973