WESTERN UNION TELEGRAPH CO. v. TOPPING

No. 5110.

66 F.2d 1006 (1933)

WESTERN UNION TELEGRAPH CO., Inc., v. TOPPING et al.

Circuit Court of Appeals, Third Circuit.

September 15, 1933.


Attorney(s) appearing for the Case

Edwards, Smith & Dawson, of Jersey City, N. J. (Edwin F. Smith, of Jersey City, N. J., and Francis R. Stark, of New York City, of counsel), for appellant.

Jacob W. Silverman, of Newark, N. J., for appellees.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.


WOOLLEY, Circuit Judge.

The defendant-appellant assigns as error the court's refusal to direct a verdict in its favor.

Aside from the issues of negligence and damages, there were two questions in the case: One, the fact of the accident; the other, the time of the accident. The latter had a bearing on the former.

The testimony on the first question was in sharp conflict. One plaintiff said she sustained an injury when struck by a boy on a bicycle whom...

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