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SAARIO v. CHARLES F. VACHRIS, INC.

No. 15.

151 F.2d 668 (1945)

SAARIO v. CHARLES F. VACHRIS, Inc., et al.

Circuit Court of Appeals, Second Circuit.

November 5, 1945.

Attorney(s) appearing for the Case

J. Alfred Anderson, of Fitchburg, Mass., for appellant.

Frederick M. Garfield, of New York City (Harold M. Harkavy, of New York City, of counsel), for appellees Grand Wrecking & Lumber Corporation and Sam Lessne.

George J. Stacy, of New York City, for appellee Charles F. Vachris, Inc.

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

FRANK, Circuit Judge.

The jury could reasonably have believed that Vachris' foreman told Pecora to aid Lessne in the unloading operation. On that basis, the jury could properly have found that Vachris became a party to that operation. Vachris' employees, and Pecora in particular, knew that McAllister's men were accustomed to stream across the lot. The jury could properly have inferred that there was no reason why those men might not have legitimately crossed at the...

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