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SLOANE v. POWELL

Civil Action No. 6962.

69 F.Supp. 1016 (1947)

SLOANE et al. v. POWELL et al.

District Court, E. D. New York.

February 7, 1947.

Attorney(s) appearing for the Case

O'Neill, Higgins & Latto, of New York City (John V. Higgins, of New York City, of counsel), for plaintiffs.

Willkie, Owen, Otis, Farr & Gallagher, of New York City (Mark F. Hughes, William E. Bennett, Jr., and Joseph Moskovitz, all of New York City, of counsel), for defendants.

BYERS, District Judge.

Decision was reserved on defendants' motion for a directed verdict at the close of the entire case; the jury disagreed upon the question separately submitted to them, of whether the plaintiff Thomas Sloane was guilty of contributory negligence. Until that issue could be determined, the jury could not be expected to pass upon the other issues, such as defendants' negligence, and damages. The motion is now pressed for disposition.

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