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NAPIER v. BOSSARD

No. 135.

102 F.2d 467 (1939)

NAPIER v. BOSSARD.

Circuit Court of Appeals, Second Circuit.

March 6, 1939.

Attorney(s) appearing for the Case

Michael F. Walsh, U. S. Atty., of Brooklyn, N. Y. (Vine H. Smith and William S. Perlman, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for appellant.

Louis Rothbard, of Brooklyn, N. Y. (Francis J. Hughes, of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an action to recover for the death of the plaintiff's wife who, while walking on the side-walk, was struck by a taxicab driven by one, Ragone. Her husband sued both Ragone and the appellant, Bossard, and the jury found both liable: Bossard alone appealed. Ragone's cab collided with a Post-Office truck, driven by Bossard, approaching from Ragone's right along another street; the rear of the cab was thrown off to the left, and slewed...

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