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GROBENGIESER v. CLEARFIELD CHEESE CO.

December 5, 1950

GROBENGIESER et al.
v.
CLEARFIELD CHEESE CO., Inc. (BUYDOS, third party defendant)



The opinion of the court was delivered by: GOURLEY

This proceeding relates to claims for damages arising out of an automobile accident. The jury returned the following verdicts:

(a) Damages in the amount of $ 8,850.00 to the plaintiffs, Ethel Grobengieser and John Grobengieser, against Clearfield Cheese Company, a corporation, original defendant, and J. L. Buydos, Third Party Defendant:

 (1) To the plaintiff, Ethel Grobengieser, $ 5,000.00.

 (2) To the plaintiff, John Grobengieser, $ 3,850.00.

 (b) Damages in the amount of $ 6,150.00 in favor of Virginia M. Buydos against Clearfield Cheese Company, a corporation, original defendant, and J. L. Buydos, Third Party Defendant.

 (a) Negligence does not exist as to J. L. Buydos, Third Party Defendant.

 (b) The verdicts are excessive.

 (c) No evidence exists as to impairment of earning powers of the plaintiffs, Ethel Grobengieser or Virginia M. Buydos.

 (d) The court erred in instructing the jury relative to impairment of earning power.

 The plaintiffs were residents of Missouri, the original defendant a resident of Pennsylvania, and the accident occurred in Pennsylvania.

 All inferences most favorable to the plaintiffs must be taken from the evidence. Courts are not free to reweigh the evidence and set aside the jury verdict merely because the jury could have drawn different inferences or conclusions, or because judges feel that other results are more reasonable. Masterson v. Pennsylvania R. Co., 3 Cir., 182 F.2d 793.

 Federal jurisdiction is based solely on diversity of citizenship. The court must, therefore, apply the law of the state in which the action is brought, including such state's conflict of laws rules. Reference must, therefore, be made to the place of the tort for the legal effect to be given the facts ...


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