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GAGLIO v. CITY OF NEW YORK

No. 417.

143 F.2d 904 (1944)

GAGLIO v. CITY OF NEW YORK et al.

Circuit Court of Appeals, Second Circuit.

July 13, 1944.

Attorney(s) appearing for the Case

Vincent J. Cuti, of New York City (L. Ray Glass, of New York City, of counsel), for appellant.

Ignatius M. Wilkinson, Corp. Counsel, of New York City (Albert L. Wilbur, of New York City, of counsel), for appellees.

Before AUGUSTUS N. HAND, CHASE, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The question raised by this appeal is whether the plaintiff, who, on October 14, 1942, fell off the platform of the elevated station at 183rd Street and Third Avenue, in the Borough of the Bronx, City of New York, and was run over by an approaching train, established any claim to recover for the injuries which he suffered. He brought this action both against the City and Mayor LaGuardia on two counts, the first for neglecting to maintain...

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