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HARE v. HURWITZ

No. 24602.

248 F.2d 458 (1957)

Carole HARE, an infant, by Arthur Hare, her guardian ad litem, Plaintiff-Appellee, v. Allen N. HURWITZ and Harry Smith, Defendant-Appellant. Arthur HARE, Plaintiff-Appellee, v. Allen N. HURWITZ and Harry Smith, Defendant-Appellant. Allen N. HURWITZ, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 24, 1957.

Attorney(s) appearing for the Case

S. Sanford Engel, Syracuse, N. Y., for appellees Hare.

Joseph A. Ryan and George S. Schlesinger, Syracuse, N. Y., for appellant Hurwitz.

Before HAND, MEDINA and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

The motion filed in these proceedings presents a novel question requiring interpretation of Rules 42(a) and 73(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A.

Carole Hare, a minor, was a passenger in a vehicle owned and operated by one Allen N. Hurwitz. At a street intersection in Syracuse, N. Y., the Hurwitz vehicle collided with a vehicle owned by the U. S. Department of Commerce, then and there being driven on government...

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