
    Joseph F. SLABINSKI v. Richard J. LIPPINCOTT, Individually and Trading as Lippincott’s Express, Appellant.
    No. 9659.
    United States Court of Appeals Third Circuit.
    Argued Nov. 3, 1948.
    Decided Nov. 26, 1948.
    Raymond A White, Jr., of Philadelphia, Pa., for appellant.
    Albert C. Gekoski, of Philadelphia, Pa., for appellee.
    Before BIGGS, Chief Judge, and Mc-LAUGHLIN and KALODNER, Circuit Judges.
   PER CURIAM.

Careful consideration of the points raised by the defendant has convinced us that the question of the plaintiff’s alleged contributory negligence was a matter for the jury to decide. We are of the opinion also that the verdict of the jury in favor of the plaintiff was not capricious, was not against the credible evidence and was in accordance with the adequate charge of the trial court.

Accordingly the judgment appealed from will be affirmed.  