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WASSERMAN v. PERUGINI

No. 171, Docket 21220.

173 F.2d 305 (1949)

WASSERMAN et al. v. PERUGINI et al.

United States Court of Appeals Second Circuit.

March 11, 1949.

Attorney(s) appearing for the Case

Abraham M. Poretz, of New York City (Jacob D. Fuchsberg and Joseph J. Varon, both of New York City, of counsel), for plaintiffs-appellants.

John F. X. McGohey, U. S. Atty., of New York City (Nathan Skolnik, Asst. U. S. Atty., of New York City, of counsel), for defendant-appellee United States.

Before AUGUSTUS N. HAND, CHASE, and FRANK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The plaintiffs brought this action under the Federal Tort Claims Act, 28 U.S.C.A. § 1346(b), to recover damages for personal injuries sustained by them in an accident involving a taxicab and a Post Office mail truck. The plaintiffs were passengers in a taxicab which was proceeding in a southerly direction on Boston Road in the Bronx, under the elevated structure and somewhat to the west of the southbound trolley car tracks. The...

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