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DEMERS v. RAILWAY EXPRESS AGENCY

No. 3494.

108 F.2d 107 (1939)

DEMERS v. RAILWAY EXPRESS AGENCY, Inc.

Circuit Court of Appeals, First Circuit.

December 18, 1939.

Attorney(s) appearing for the Case

John J. Figoni, of Springfield, Mass., for appellant.

Harold P. Small, of Springfield, Mass. (Small & Brooks, of Springfield, Mass., on the brief), for appellee.

Before WILSON and MAGRUDER, Circuit Judges and PETERS, District Judge.

PETERS, District Judge.

This is an appeal from a judgment of the District Court for the District of Massachusetts in an action of tort, a jury verdict for the plaintiff having been set aside and judgment for the defendant ordered by the judge. Rule 50(b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

The appeal brings up for review the finding of the judge that there was no evidence to warrant the conclusion of the jury that the accident...

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