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NEW YORK ESKIMO PIE CORPORATION v. RATAJ

No. 5289.

73 F.2d 184 (1934)

NEW YORK ESKIMO PIE CORPORATION v. RATAJ et al.

Circuit Court of Appeals, Third Circuit.

September 27, 1934.

Attorney(s) appearing for the Case

James Alan Montgomery, Jr., Layton M. Schoch, and Richard A. Smith, all of Philadelphia, Pa., for appellant.

Michael D. Hayes and Francis M. McAdams, both of Philadelphia, Pa., for appellees.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

DAVIS, Circuit Judge.

The facts in this case were found by a jury in the District Court and are undisputed. The questions here involve the issue of the negligence of the defendant, the New York Eskimo Pie Corporation, and the difficult and abstract proposition of whether or not the negligent conduct or act of the defendant was the "proximate cause" of the injuries of the plaintiff Josephine Rataj, a minor.

The defendant...

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