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J. V. McFADDEN v. LEWIS

No. 4435.

45 F.2d 1015 (1931)

J. V. McFADDEN, as Mack Trucking Co., Appellant, v. John LEWIS, Appellee.

Circuit Court of Appeal, Third Circuit.

January 8, 1931.

Attorney(s) appearing for the Case

McDermott, Enright & Carpenter, of Jersey City, N. J. (Jas. D. Carpenter, Jr., of Jersey City, N. J., of counsel), for appellant.

McCarter & English, of Newark, N. J. (Gerald McLaughlin, of Newark, N. J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below, Lewis, the appellee, recovered a verdict and judgment against the appellant for damages caused, as was alleged, by the negligent driving of appellant's truck, which ran over him. On entry of judgment, this appeal was taken, and the sole question involved is whether the trial court erred in refusing to give the jury binding instructions to find for the defendant. No principles...

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