MULBERG v. MASON & DIXON LINES

No. 28, Docket 20271.

157 F.2d 805 (1946)

MULBERG v. MASON & DIXON LINES, Inc., et al.

Circuit Court of Appeals, Second Circuit.

November 4, 1946.


Attorney(s) appearing for the Case

Irving C. Rosenkrantz, of New York City (Samual A. Bloom, of New York City, of counsel), for appellant.

John J. O'Connor, of New York City (William B. Shelton and Vincent F. O'Rourke, both of New York City, of counsel), for appellee.

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


SWAN, Circuit Judge.

This case is the sequel of a motor accident which caused the death of the plaintiff's intestate and the destruction of his Dodge sedan when it collided with the defendant's tractor-trailer truck on Route No. 11, near Lexington, Virginia on January 15, 1944. Federal jurisdiction rests on diverse citizenship. The issues of negligence and contributory negligence were submitted to a jury and its verdict was for the defendant. The sole issue presented...

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