CARFELO v. DELAWARE, L. & W. R. CO.

No. 69.

54 F.2d 475 (1931)

CARFELO v. DELAWARE, L. & W. R. CO.

Circuit Court of Appeals, Second Circuit.

December 7, 1931.


Attorney(s) appearing for the Case

Evans, Hunt & Rees and William G. Walsh, all of New York City, for plaintiff-respondent.

Douglas Swift, of New York City, for defendant-appellant.

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


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

This appeal brings up for review the ruling of the court in denying the defendant's motion for a directed verdict and some questions relating to the charge.

It was, of course, necessary to take the evidence in the light most favorable to the plaintiff in passing upon the motion for a directed verdict. This required that it be taken for granted that there was not only no lookout on the defendant's engine...

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