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LIST v. NEW YORK CENT. R. CO.

No. 1748.

3 F.2d 434 (1925)

LIST v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, First Circuit.

January 7, 1925.

Attorney(s) appearing for the Case

Leo J. Kelly, of Boston, Mass., and Christopher J. Muldoon, Jr., of Somerville, Mass. (John J. O'Hare and Kelly & Schumb, all of Boston, Mass., on the brief), for plaintiff in error.

Ralph A. Stewart, of Boston, Mass. (Herbert Schnare, of Boston, Mass., on the brief), for defendant in error.

Before BINGHAM, JOHNSON, and ANDERSON, Circuit Judges.

BINGHAM, Circuit Judge.

This is a writ of error from a judgment in favor of the defendant in a personal injury suit, in which, under the laws of Massachusetts, the master is made responsible for the negligent acts of his servants within the scope of their employment. At the close of the plaintiff's evidence a verdict was directed for the defendant, upon which judgment was entered. This is the error complained of.

There is no question but that it could have...

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