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WILLIAMS v. NEW JERSEY-NEW YORK TRANSIT CO.

No. 359.

113 F.2d 649 (1940)

WILLIAMS v. NEW JERSEY-NEW YORK TRANSIT CO.

Circuit Court of Appeals, Second Circuit.

July 18, 1940.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman & Hays, of New York City (James S. Hays and Milton Kunen, both of New York City, of counsel), for appellant.

Breed, Abbott & Morgan, of New York City (Charles H. Tuttle, Thornton Land, Stoddard B. Colby, all of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

Defendant appeals from a judgment for the plaintiff awarding her damages for personal injuries, suffered while she was a passenger in the defendant's bus. She boarded the bus at Union City, New Jersey, and sat down in the second seat on the right-hand side of the aisle; a fellow passenger was beside her, nearer the window. Shortly after she was seated, he arose from his seat and put a brief case, which he had been holding in his lap, in the...

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