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RAILWAY EXPRESS AGENCY v. DiFONZO.

No. 4309.

165 F.2d 957 (1948)

RAILWAY EXPRESS AGENCY, Inc., v. DiFONZO.

Circuit Court of Appeals, First Circuit.

February 6, 1948.

Attorney(s) appearing for the Case

Austin M. Pinkham, of Boston, Mass., for appellant.

Samuel P. Sears, of Boston, Mass. (Harold L. Klarfeld, of Boston, Mass., on the brief), for appellee.

Before MAGRUDER, MAHONEY and WOODBURY, Circuit Judges.

PER CURIAM.

Plaintiff obtained a verdict and judgment in an action for wrongful death. Defendant's motion for directed verdict was denied — this is the only error urged upon appeal. Defendant's truck was proceeding along a one-way street, 9 or 10 feet out from the right-hand curb. A 19-year-old girl, plaintiff's intestate, was riding on her bicycle in the same direction. As the truck approached a cross street, the bicycle was between the truck and the right...

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