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RAILWAY EXPRESS AGENCY v. FINN

No. 3705.

124 F.2d 892 (1942)

RAILWAY EXPRESS AGENCY, Inc., v. FINN.

Circuit Court of Appeals, First Circuit.

Rehearing Denied January 23, 1942.

Attorney(s) appearing for the Case

Austin M. Pinkham, of Boston, Mass., for appellant.

Thomas Allen, of Boston, Mass. (Morton M. Lewis, of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment for the plaintiff entered upon a jury verdict in an action for personal injuries.

At about 9 P. M. on November 17, 1939, defendant's servant, John McLaren, was operating a motor-driven baggage truck on a platform in Pennsylvania Station, New York City. According to his testimony a woman stepped in front of him and he swerved to avoid hitting her. The truck grazed a pillar and caromed off and the left front wheel...

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