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LEVINE v. SHELL EASTERN PETROLEUM PRODUCTS

No. 81.

73 F.2d 292 (1934)

LEVINE v. SHELL EASTERN PETROLEUM PRODUCTS, Inc.

Circuit Court of Appeals, Second Circuit.

November 5, 1934.

Attorney(s) appearing for the Case

James J. Mahoney, of New York City (George J. Stacy and Frederick L. Thielmann, both of New York City, of counsel), for appellant.

A. Alan Lane, of New York City (Frederick Malcolm Wolf and Alexander Wolf, both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff sued for personal injuries alleged to be due to the defendant's negligence in leaving an oil truck upon Forty-Eighth Street in the city of Brooklyn. The situation was as follows: The defendant was delivering oil to an apartment on the south side of Forty-Eighth Street from one of its trucks, some twenty-six feet long. Instead of putting it alongside the kerb, the driver set it at an angle of about forty-five degrees facing eastward...

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