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ITZKALL v. CARLSON

No. 24.

151 F.2d 647 (1945)

ITZKALL v. CARLSON.

Circuit Court of Appeals, Second Circuit.

October 25, 1945.

Attorney(s) appearing for the Case

George Green, of New York City (Jacob Rassner, of New York City, of counsel), for appellant.

MacIntyre, McNally & Downey, of New York City (John V. Downey, of New York City, of counsel), for appellee.

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

PER CURIAM.

This is an accident case of which the federal court has jurisdiction by reason of diverse citizenship. While crossing Broadway on foot, at its intersection with 45th Street, the plaintiff was struck by an automobile operated by the defendant. The issues at the trial were negligence and contributory negligence. Without moving for a directed verdict plaintiff permitted the case to be submitted to the jury. Only after a verdict was returned in favor of the...

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