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COSTELLO v. SMITH

No. 72, Docket 21438.

179 F.2d 715 (1950)

COSTELLO v. SMITH et al.

United States Court of Appeals Second Circuit.

Decided January 19, 1950.

Attorney(s) appearing for the Case

Goldstein & Peck, Bridgeport, Conn., for appellants; Bernard S. Peck, Bridgeport, Conn., and Bernard Glazer, Bridgeport, Conn., of counsel.

Philip Robert Shiff and Pelgrift, Dodd, Blumenfeld & Nair, Hartford, Conn., for appellee; Philip Robert Shiff, New Haven, Conn., and Delancey S. Pelgrift, Hartford, Conn., of counsel.

James A. Murray, Gerald E. Jessup and Thomas J. Delaney, Washington, D. C., for Interstate Commerce Commission, which filed a brief as amicus curiae at the request of this court.

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

SWAN, Circuit Judge.

This action seeks damages for personal injuries sustained by Sara Agnello, deceased (Josephine Costello, administratrix of her estate), and John A. Del Mastro, when the automobile in which they were riding, driven by Del Mastro, came into collision with a tractor-trailer truck owned by defendant Withers and driven by his employee Smith. Federal jurisdiction is based on diverse citizenship.

The accident happened in Bridgeport, Connecticut...

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