Hampson v. BUCYRUS-ERIE COMPANY

Decision Date18 July 1972
Docket NumberNo. 71-1754.,71-1754.
Citation464 F.2d 562
PartiesHarry L. HAMPSON, Appellant, v. BUCYRUS-ERIE COMPANY and Centre Foundry and Machine Company, a corporation.
CourtU.S. Court of Appeals — Third Circuit

Milton D. Rosenberg, Bloom, Bloom, Rosenberg & Bloom, Washington, Pa., and Jon L. Friedman, Friedman & Friedman, Pittsburgh, Pa., for appellant.

Charles Kirshner, Rosenberg, Kirshner & Solomon; Pittsburgh, Pa., for appellees.

Before HASTIE, GIBBONS and MAX ROSENN, Circuit Judges.

Submitted June 8, 1972 Under Third Circuit Rule 12(6).

OPINION OF THE COURT

PER CURIAM:

Contrary to the contention of the appellant, the record shows that the trial judge undertook to apply the law of Ohio in instructing the jury on the principles of liability that are applicable to this products liability case. Moreover, since appellant's counsel had taken the position that on the issues contested in this case Ohio and Pennsylvania law are essentially the same, we find no basis for reversal in appellant's contention on appeal that certain differences between Ohio and Pennsylvania law were not adequately explained to the jury.

The judgment will be affirmed.

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7 cases
  • Walter E. Heller & Co. v. Video Innovations, Inc.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • February 29, 1984
    ...Inc., 391 F.2d 150, 155 n. 3 (2d Cir.), cert. denied, 393 U.S. 826, 89 S.Ct. 86, 21 L.Ed.2d 96 (1968); Hampson v. Bucyrus-Erie Co., 464 F.2d 562, 563 (3d Cir.1972); Petersen v. Chicago, G.W. Ry. Co., 138 F.2d 304, 306-07 (8th Cir.1943). As a matter of fact, as supplemental briefs requested ......
  • Goldsmith v. Diamond Shamrock Corp.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • June 28, 1985
    ...position of the party seeking relief. Federal Crop Insurance Corp. v. Hester, 765 F.2d 723 (8th Cir.1985); Hampson v. Bucyrus-Erie Co., 464 F.2d 562, 563 (3d Cir.1972) (per curiam); cf. Mercer v. Theriot, 377 U.S. 152, 154, 84 S.Ct. 1157, 1159, 12 L.Ed.2d 206 (1964) (per curiam) (improper a......
  • Vista West, Inc. v. North American Philips Corp.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 21, 1989
    ...States, 421 F.2d 212, 215 (4th Cir.1970) (an appellant "is precluded from complaining of errors invited by it"); Hampson v. Bucyrus-Erie Co., 464 F.2d 562, 563 (3d Cir.1972) that equitable estoppel does not require a showing of unjust enrichment or unconscionable injury. Moreover, "the exis......
  • Meggett v. Wainwright, 80-5436
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 24, 1981
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