SCHWEITZER v. GILMORE

No. 64, Docket 24692.

251 F.2d 171 (1958)

Theresa E. SCHWEITZER, Administratrix of the Estate of William A. Schweitzer, Jr., Plaintiff-Appellant, v. Hazel M. GILMORE and George M. Gilmore, doing business as Oakwood Camp, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 20, 1958.


Attorney(s) appearing for the Case

Cole & Cole, Hartford, Conn., Bertrand Quinto, Morton E. Cole, Donald R. Hirsch, Hartford, Conn. (Cyril Cole of counsel on the brief), for plaintiff-appellant.

John E. McNerney and Francis J. Moran, New Haven, Conn., for defendants-appellees.

Before HAND, HINCKS and LUMBARD, Circuit Judges.


LUMBARD, Circuit Judge.

The questions for decision are whether the judge should have charged the jury with respect to res ipsa loquitur and last clear chance in view of the evidence regarding Schweitzer's drowning when he attempted to swim ashore after the defendants' raft drifted from its anchorage. We hold that such instructions were not required and affirm the judgment for the defendants.

Plaintiff brought this suit in the District of Connecticut...

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