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O'BOYLE v. NORTHWESTERN FIRE & MARINE INS. CO.

No. 345.

49 F.2d 713 (1931)

O'BOYLE v. NORTHWESTERN FIRE & MARINE INS. CO. et al.

Circuit Court of Appeals, Second Circuit.

May 11, 1931.

Attorney(s) appearing for the Case

William F. Purdy, of New York City (John E. Purdy and Edmund F. Lamb, both of New York City, of counsel), for appellant.

Foley & Martin, of New York City (William J. Martin, Harold R. Medina, and William F. McNulty, all of New York City, of counsel), for plaintiff-appellee.

Macklin, Brown, Lenahan & Speer, of New York City (Horace L. Cheyney, of New York City, of counsel), for appellee Sicilian Asphalt Paving Co.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

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

With the evidence conflicting as above indicated, the denial of the defendant's motion, made at the close of all the evidence, to dismiss the complaint for lack of proof, was not erroneous. Treated, as it should be, as a motion for a directed verdict, it presents the question of whether a jury of reasonable and impartial men were justified in finding the facts as the evidence in favor of the plaintiff tended...

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