Balicki v. Cent. Greyhound Lines, of New York

Full title: BALICKI v. CENTRAL GREYHOUND LINES, INC., OF NEW YORK (two cases)

Court: Circuit Court of Appeals, Third Circuit

Date published: Jun 13, 1945

150 F.2d 402 (3d Cir. 1945)

Opinion

Nos. 8926, 8904.

Argued May 7, 1945.

Decided June 13, 1945.

Appeal from the District Court of the United States for the Middle District of Pennsylvania; Albert W. Johnson, Judge.

Action by Madlyn Balicki, as widow and as administratrix of the estate of Anthony Balicki, against Central Greyhound Lines, Inc., of New York. Verdict for plaintiff awarding her damages both as widow and as administratrix, and from an order of the District Court denying defendant's motion for judgment non obstante veredicto, but granting its alternative motion for a new trial, both plaintiff and defendant appeal and defendant moves to dismiss plaintiff's appeal.

Both appeals dismissed.

Raymond Bialkowski, of Scranton, Pa. (Bialkowski, Bialkowski Bialkowski, of Scranton, Pa., on the brief), for Balicki.

Edward Warren, of Scranton, Pa. (Walter W. Harris of O'Malley, Hill, Harris Harris, all of Scranton, Pa., on the brief), for Central Greyhound Lines, Inc., of New York.

Before BIGGS, GOODRICH, and McLAUGHLIN, Circuit Judges.

PER CURIAM.

Madlyn Balicki brought suit as the widow and administratrix of Anthony Balicki against Central Greyhound Lines, Inc., of New York, and procured a verdict awarding her damages both as a widow and as administratrix against the defendant. The defendant moved for judgment n.o.v. and, in the alternative, for a new trial. The court below entered an order denying the defendant's motion for judgment n.o.v. but granted a new trial. Both the plaintiff and the defendant have appealed. The defendant has filed a motion to dismiss the plaintiff's appeal, but the plaintiff has filed no motion in respect to the defendant's appeal. This court is without jurisdiction to hear either appeal in view of the fact that no final judgment has been entered by the court below. See Frank Mercantile Corporation v. Prudential Insurance Co. of America, 3 Cir., 115 F.2d 496.

The defendant's motion to dismiss the appeal at No. 8926 will be granted and the appeal will be dismissed. The court sua sponte will dismiss the defendant's appeal at No. 8904.