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STILL v. UNION CIRCULATION CO.

No. 76.

101 F.2d 11 (1939)

STILL et al. v. UNION CIRCULATION CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 9, 1939.

Attorney(s) appearing for the Case

Arthur L. Obre, of New York City, (Robert R. Bauman, of New York City, of counsel), for appellants.

Christensen & Eberlein, of New York City (I. Maurice Wormser, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from a judgment entered on a directed verdict, dismissing a complaint in an action for personal injuries suffered through the negligent driving of a motor car. The plaintiffs were passengers, and the driver's negligence may be assumed for the purposes of discussion; the only issue is whether he was the defendant's servant. The judge reserved decision upon the defendant's motion for a directed verdict, but, after the jury had...

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