SMITH v. TOWN OF ORANGETOWN

No. 329.

150 F.2d 782 (1945)

SMITH et al. v. TOWN OF ORANGETOWN et al.

Circuit Court of Appeals, Second Circuit.

July 16, 1945.


Attorney(s) appearing for the Case

Samuel L. Sargent, of New York City (Edward R. Finch and Samuel L. Sargent, both of New York City, Leonard Acker, of Brooklyn, N. Y., and Emanuel Thebner and Joseph H. Sand, both of New York City, of counsel), for plaintiffs-appellants.

William E. Lowther, of New York City, for defendant-appellee, Town of Orangetown.

Evans, Rees & Orr, of New York City (William E. Lowther and Fred H. Rees, both of New York City, George S. Writer, Jr., of Nyack, N. Y., William G. Walsh, of New York City, and Joseph A. McCabe, of Poughkeepsie, N.Y., of counsel), for Max Friedman defendant-appellee.

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


AUGUSTUS N. HAND, Circuit Judge.

The plaintiffs sued to recover damages growing out of an accident which occurred on the evening of November 22, 1943 when a motor vehicle owned and operated by the defendant, Max Friedman, a police officer of the Town of Orangetown, a municipal corporation in the County of Rockland, State of New York, struck Charles Lee Smith (now deceased) and five other plaintiffs, all of whom were men enlisted in the United States Army marching...

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