LA GUERRA v. BRASILEIRO

No. 130.

124 F.2d 553 (1942)

LA GUERRA v. BRASILEIRO.

Circuit Court of Appeals, Second Circuit.

January 8, 1942.


Attorney(s) appearing for the Case

David S. Romanov, of New York City (Samuel B. Goodman, of New York City, on the brief), for plaintiff-appellant.

John M. Aherne, of New York City (Bigham, Englar, Jones & Houston and John L. Quinlan, all of New York City, on the brief), for defendant-appellee.

Before AUGUSTUS N. HAND, C. E. CLARK, and FRANK, Circuit Judges.


C. E. CLARK, Circuit Judge.

The error herein assigned is the district court's action in holding the plaintiff's evidence insufficient to merit the jury's consideration in a personal injury action brought under the diversity-of-citizenship jurisdiction of the court. The plaintiff suffered his injuries while unloading a vessel owned by the defendant corporation; and since the plaintiff had seventeen years of experience in such activities, a sophisticated trier of facts...

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