Torts · MBE-tested
BRODBECK v. LAVINO SHIPPING CO.
31 F.2d 943·United States Court of Appeals for the Third Circuit·1929
Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.
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Opinion
BRODBECK v. LAVINO SHIPPING CO.
Circuit Court of Appeals, Third Circuit.
March 5, 1929.
No. 3850.
Ward C. Henry and Mortimer W. H. Cox, both of Philadelphia, Pa., for appellant.
George G'. Parry and Harold C. Roberts, both of Philadelphia, Pa., for appellee.
Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
We agree with the learned District Judge that there is nothing in the evidence to show that the defendant failed to provide the deceased with a safe and proper place to work or to show negligence in operating the winch properly or otherwise.
- The decree is affirmed on the opinion of the District Judge refusing to take off non-suit.
Affirmed.