MOISAN v. LOFTUS

No. 37, Docket 21402.

178 F.2d 148 (1949)

MOISAN v. LOFTUS et al.

United States Court of Appeals Second Circuit.

Decided December 1, 1949.


Attorney(s) appearing for the Case

Philip J. Murphy, Worcester, Mass., Allin, Riggs and Shaughnessy, New York City, for appellant.

Frederick W. Wakefield, Jr., Burlington, Vt., for appellees.

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


L. HAND, Chief Judge.

The plaintiff appeals from a judgment, entered upon a directed verdict in an action to recover for personal injuries resulting from the "gross" negligence of one of the defendants, Robert F. Loftus, the driver of a motor truck, in which the plaintiff was riding. (The judgment in favor of the other defendant, Frederick W. Loftus, is conceded to have been right.) On the evening of April 9, 1948, the defendant, Robert F. Loftus, invited the plaintiff...

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