GENCARELLA v. FYFE

No. 4354.

171 F.2d 419 (1948)

GENCARELLA v. FYFE.

United States Court of Appeals First Circuit.

December 31, 1948.


Attorney(s) appearing for the Case

Louis B. Cappuccio and Frank S. Cappuccio, both of Westerly, R. I., for appellant.

Matthew W. Goring, of Providence, R. I. (S. Everett Wilkins, Jr., Frank L. Hinckley, Jr., and Hinckley, Allen, Tillinghast & Wheeler, all of Providence, R. I., on the brief), for appellee.

Before MAGRUDER, Chief Judge, WOODBURY, Circuit Judge, and PETERS, District Judge.


WOODBURY, Circuit Judge.

This is an appeal by the plaintiff from a judgment entered on a verdict returned by a jury for the defendant in an action of trespass on the case brought originally in the Superior Court of the State of Rhode Island but removed by the defendant to the court below, there being the requisite diversity of citizenship and amount in controversy.

The case at bar is a run-of-the-mill automobile accident case in which recovery is sought for...

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