FLANNERY v. NEW YORK, O. & W. R. CO.

No. 48.

29 F.2d 18 (1928)

FLANNERY v. NEW YORK, O. & W. R. CO.

Circuit Court of Appeals, Second Circuit.

November 12, 1928.


Attorney(s) appearing for the Case

Alfred T. Rowe, of New York City (Leonard F. Fish, of New York City, of counsel), for appellant.

John Bright and Watts, Oakes & Bright, all of Middletown, N. Y. (Abram F. Servin, of Middletown, N. Y., of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


L. HAND, Circuit Judge (after stating the facts as above).

While the charge given was too broad, the error was in our opinion harmless, because the judge should have directed a verdict for the defendant anyway. There were three charges of negligence: Failure to give the plaintiff any warning, removing the string with notice of his presence, and neglect of proper rules. As the case developed, the only evidence in proof of any of these was in the failure of the "supervisor...

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