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RAY v. CITY OF NEW YORK

No. 109.

108 F.2d 170 (1939)

RAY v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

December 18, 1939.

Attorney(s) appearing for the Case

Pearlman & Zarett, of New York City (Paul P. Rao and Philip Pearlman, both of New York City, of counsel), for appellant.

William C. Chanler, Corp. Counsel, of New York City (Paxton Blair, and Alfred T. White, both of New York City, of counsel), for appellee.

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

CHASE, Circuit Judge.

The plaintiff stepped into a depression caused by a break in the surface of the public sidewalk on West 116th Street in the City of New York; lost his balance; fell and was injured. He brought this suit in the District Court for the Southern District of New York to recover his damages for the injuries he then received. Federal jurisdiction based on diversity with the required amount involved is clear and undisputed. The court directed a verdict...

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