NEW YORK TELEPHONE CO. v. BECKERS

No. 45.

30 F.2d 578 (1929)

NEW YORK TELEPHONE CO. v. BECKERS et al.

Circuit Court of Appeals, Second Circuit.

February 11, 1929.


Attorney(s) appearing for the Case

Charles T. Russell, of New York City (Irving W. Young, Jr., of New York City, of counsel), for plaintiff in error.

E. C. Sherwood, of New York City (Clarence S. Zipp, of New York City, of counsel), for defendants in error.

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


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

At the close of the plaintiffs' case, and again at the close of all the evidence, the defendant made the customary motions to dismiss the complaint upon the ground that no negligence had been proved against the defendant, and that Beckers had affirmatively shown himself guilty of contributory negligence. The motions were denied, and those issues were decided adversely to the defendant by the verdict of a jury...

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