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  • Maxwell Tillman Cohen v. Jacob Henry Rodenbaugh, Individually and Trading As Minisink Hills Stables, 255 F.2d 105, 3rd Cir. (1958)

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    This document is a court case summary from the United States Court of Appeals for the Third Circuit. It summarizes that the plaintiff brought a diversity suit against the defendant for injuries sustained from being kicked by a horse rented from the defendant's stable. The district court granted the defendant's motion to dismiss, finding the plaintiff contributorily negligent. Upon appeal, the Third Circuit examined the evidence and affirmed the district court's ruling, finding no clear error in the determination that the evidence did not establish negligence on the part of the defendant.

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    Filed: 1958-05-14 Precedential Status: Precedential Citations: 255 F.2d 105 Docket: 12467

    Original Title

    Maxwell Tillman Cohen v. Jacob Henry Rodenbaugh, Individually and Trading as Minisink Hills Stables, 255 F.2d 105, 3rd Cir. (1958)

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    This document is a court case summary from the United States Court of Appeals for the Third Circuit. It summarizes that the plaintiff brought a diversity suit against the defendant for injuries sustained from being kicked by a horse rented from the defendant's stable. The district court granted the defendant's motion to dismiss, finding the plaintiff contributorily negligent. Upon appeal, the Third Circuit examined the evidence and affirmed the district court's ruling, finding no clear error in the determination that the evidence did not establish negligence on the part of the defendant.

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    Public Domain
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    5 views1 page

    Maxwell Tillman Cohen v. Jacob Henry Rodenbaugh, Individually and Trading As Minisink Hills Stables, 255 F.2d 105, 3rd Cir. (1958)

    Uploaded by

    Scribd Government Docs
    This document is a court case summary from the United States Court of Appeals for the Third Circuit. It summarizes that the plaintiff brought a diversity suit against the defendant for injuries sustained from being kicked by a horse rented from the defendant's stable. The district court granted the defendant's motion to dismiss, finding the plaintiff contributorily negligent. Upon appeal, the Third Circuit examined the evidence and affirmed the district court's ruling, finding no clear error in the determination that the evidence did not establish negligence on the part of the defendant.

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    of 1

    255 F.

    2d 105

    Maxwell Tillman COHEN, Appellant,


    v.
    Jacob Henry RODENBAUGH, Individually and Trading as
    Minisink Hills Stables.
    No. 12467.

    United States Court of Appeals Third Circuit.


    Submitted April 22, 1958.
    Decided May 14, 1958.

    Marshall J. Seidman, Bank & Minehart, Philadelphia, Pa., for appellant.


    Max E. Cohen, Joseph D. Shein, Philadelphia, Pa., for appellee.
    Before MARIS, KALODNER and HASTIE, Circuit Judges.
    PER CURIAM.

    In this diversity suit brought by the plaintiff for injuries sustained from a kick
    by a horse which the defendant had rented to him the trial judge at the close of
    the plaintiff's evidence granted the defendant's motion to dismiss the complaint
    on the ground that the undisputed evidence established the plaintiff's
    contributory negligence. Subsequently the court denied plaintiff's motion for a
    new trial, holding that the evidence failed to establish negligence on the part of
    the defendant. We have examined the evidence and are not able to say that
    either of these rulings is clearly erroneous.

    The judgment of the district court will accordingly be affirmed.

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