McCARTHY v. SAFEWAY STORES

No. 21, Docket 20239.

157 F.2d 676 (1946)

McCARTHY et al. v. SAFEWAY STORES, Inc.

Circuit Court of Appeals, Second Circuit.

October 24, 1946.


Attorney(s) appearing for the Case

Abraham M. Fisch, of New York City, for appellants.

Harold Schaffner and Reginald V. Spell, both of New York City, for appellee.

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


PER CURIAM.

The plaintiffs appeal from a judgment dismissing their complaint, entered upon the verdict of a jury, in an action to recover damages for the defendant's negligent driving of one of its trucks. The only point presented is that the testimony so clearly established the defendant's negligence that the judge should have taken the issue from the jury. However, at the close of the evidence the plaintiffs did not ask the judge to do this, and to leave them only...

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