District Court, E.D. Pennsylvania November 25, 1959, Civ. A. No. 22400 (Yaskin v. Allston)

GRIM, District Judge.

In this diversity case the principal liability issue before the jury was whether plaintiff was struck by defendant’s car while he was on the sidewalk or whether he was struck in the street when he walked into the side of defendant’s car. The verdict was in favor of the defendant. Plaintiff has filed a motion for a new trial.