PHILLIPS v. SELTZER

No. 74, Docket 24176.

240 F.2d 857 (1957)

George Leighton PHILLIPS, Plaintiff-Appellee, v. Leo A. SELTZER, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 4, 1957.


Attorney(s) appearing for the Case

Brendan C. Kelly, of Mendes & Mount, New York City, for defendant-appellant.

John E. Morris, New York City (Joseph A. Doran, New York City, of counsel), for plaintiff-appellee.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.


CLARK, Chief Judge.

The plaintiff brought action for personal injuries sustained in a fall near the parking lot of a New Jersey State Armory, which had been leased to defendant and his two partners for seventeen days for the staging of roller derby exhibitions. Federal jurisdiction is based on diversity of citizenship. Plaintiff was making his way at night from his parked car toward the ticket window when he fell into a recessed driveway, unlighted and without signs...

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