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CYR v. AMERICAN GUARANTEE & LIABILITY INSURANCE CO.

No. 125, Docket 24081.

242 F.2d 8 (1957)

Germaine CYR, as Administratrix of the Estate of Leo Cyr, Plaintiff-Appellee, v. AMERICAN GUARANTEE and LIABILITY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 25, 1957.

Attorney(s) appearing for the Case

Goldbas & Goldbas, Utica, N. Y. (Salvador J. Capecelatro, Utica, N. Y., and Samuel L. Scholer, New York City, of counsel), for plaintiff-appellee.

Carter & Conboy, Albany, N. Y. (Edward L. Bookstein, Albany, N. Y., of counsel), for defendant-appellant.

Before MEDINA and HINCKS, Circuit Judges, and LEIBELL, District Judge.

LEIBELL, District Judge.

This is an appeal from a judgment entered on the verdict of a jury. Plaintiff Cyr, Administratrix, sued under Section 167 of the New York Insurance Law, McK.Consol.Laws, c. 28 to recover on a liability policy issued by the defendant insurance company to Germain J. Pelletier as the insured.

Pelletier was driving an automobile on January 10, 1952, in which Leo Cyr, a friend, was a passenger on the front seat. At a railroad crossing in...

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