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McSPARREN v. F. W. WOOLWORTH CO.

Civ. A. No. 31500.

270 F.Supp. 521 (1967)

Stella McSPARREN, Administratrix of the Estate of William F. Maher, Deceased v. F. W. WOOLWORTH CO., Modern Transfer Co., Inc. and Ethel Tapner, Executrix of the Estate of Ernest Tapner, Deceased.

United States District Court E. D. Pennsylvania.

March 28, 1967.

Attorney(s) appearing for the Case

B. Nathaniel Richter, Philadelphia, Pa., for plaintiff.

John B. Hannum, Daniel J. Ryan, Philadelphia, Pa., for defendants.

MEMORANDUM OPINION

HIGGINBOTHAM, District Judge.

The plaintiff seeks a new trial, in part, on the ground that the trial court committed error in its charge to the jury on burden of proof, as it relates to circumstantial evidence. In charging the jury on this aspect of the case, I said in part:

In terms of circumstantial evidence, when a party who has the burden of proof relies only upon circumstantial evidence and inferences reasonably deducible...

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