WESTERN UNION TELEGRAPH CO. v. DUBELL

No. 5170.

69 F.2d 149 (1934)

WESTERN UNION TELEGRAPH CO. v. DUBELL et al.

Circuit Court of Appeals, Third Circuit.

February 23, 1934.


Attorney(s) appearing for the Case

Albert E. Burling and Bleakly, Stockwell & Burling, all of Camden, N. J., and Francis R. Stark, of New York City, for appellant.

Albert S. Woodruff, of Camden, N. J., for appellees.

Before WOOLLEY, DAVIS, and THOMPSON, Circuit Judges.


WOOLLEY, Circuit Judge.

An injury was inflicted upon the infant plaintiff by the skidding of a bicycle operated by a messenger boy of the defendant telegraph company. At the trial the facts were not in dispute; the questions concerned their permissible inferences. The learned trial court, recognizing the issue was close, refused the defendant's motion for nonsuit and later its motion for a directed verdict and submitted the case upon the question whether, within the...

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