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RUMBERGER v. WELSH

No. 15.

131 F.2d 384 (1942)

RUMBERGER v. WELSH et al.

Circuit Court of Appeals, Second Circuit.

November 16, 1942.

Attorney(s) appearing for the Case

Leo M. Brimmer, of New York City (Philip J. O'Brien and John G. Coleman, both of New York City, of counsel), for appellant Welsh.

Samuel B. Ohlbaum, of New York City (Irving T. Wolfson, of New York City, of counsel), for appellants Parise Trucking Co., Inc., and Louis C. Parise.

Dominic B. Griffin, of Brooklyn, N. Y., for appellee.

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

SWAN, Circuit Judge.

This is a personal injury action brought in the federal court on the ground of diverse citizenship. On September 6, 1940, while the plaintiff was riding on a five-ton motortruck equipped with winch and boom, he sustained serious injuries through the falling of the boom. The complaint charges the defendants with negligence in failing properly to secure the boom so as to prevent its falling. The motortruck was owned by Parise Trucking Company and...

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