TaiLexi AI U.S. Case Law

Wilfred Kolman and Ruth Kolman, His Wife v. Millicent Jacoby and Kenneth Jacoby

Wilfred KOLMAN and Ruth Kolman, His Wife, Appellants, v. Millicent JACOBY and Kenneth Jacoby

Kolman v. Millicent Jacoby, 419 F.2d 395 (3d Cir. 1969)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Third Circuit · U.S. Courts of Appeals
Decided
December 29, 1969
Docket
No. 18049_1
Judges
Ganey, Seitz, Aldisert
Citations
419 F.2d 395

Opinion — Per Curiam

OPINION OF THE COURT PER CURIAM.

In this diversity action for personal injuries arising out of an automobile collision, the jury returned a verdict for the defendant. Plaintiff-appellants make numerous assignments of error in the trial below. We have considered them all. And we conclude they are without merit.

Appellants raise several complaints about the charge to the jury. A reading of the charge as a whole shows it to reflect accurately the legal standards governing this ease. Ridgway National Bank v. North American Van Lines, Inc., 326 F.2d 934 (3 Cir. 1964); Gerhart v. Henry Disston and Sons, Inc., 290 F.2d 778 (3 Cir. 1961). Moreover, no objection was made to one of these points relating to the burden of proof in damages as required under Fed.R.Civ. Proc. 51. Consequently, it cannot be considered on appeal absent our finding fundamental error. Frankel v. Burke’s Excavating, Inc., 397 F.2d 167 (3 Cir. 1968). We find no such error.

Similarly, we are not persuaded by appellants’ assertions that the trial judge’s conduct and comments prejudiced the plaintiffs before the jury. The degree of court participation in the trial of a cause is within the sound discretion of the trial judge. Bissonette v. National Biscuit Co., 100 F.2d 1003 (2 Cir. 1939). We find no abuse here.

The judgment will be affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1970: 31972: 21976: 11977: 119702026peak 1970 · 3

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Ridgway Nat'l Bank v. North Am. Van Lines, Inc., 326 F.2d 934 (3d Cir. 1964) 14
Clarence D. Gerhart v. Henry Disston & Sons, Inc. v. H. K, 290 F.2d 778 (3d Cir. 1961) 12
Bissonette v. Nat'l Biscuit Co., 100 F.2d 1003 (2d Cir. 1939) 9

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list