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HAYES v. LANE CONSTRUCTION CORPORATION

No. 45, Docket 25157.

260 F.2d 279 (1958)

Walter G. HAYES, as Administrator of the Goods, Chattels and Credits of Helen Hayes, Deceased, Plaintiff-Appellee, v. The LANE CONSTRUCTION CORPORATION, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 21, 1958.

Attorney(s) appearing for the Case

John M. Henley, Syracuse, N. Y. (Vincent A. O'Neil and Costello, Cooney & Fearon, Syracuse, N. Y., on the brief), for defendant-appellant.

Eugene M. Hanson, Utica, N. Y., for plaintiff-appellee.

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

PER CURIAM.

The defendant appeals from a judgment entered by Judge Brennan, Northern District of New York, on a jury's verdict for the plaintiff for $27,500 in a wrongful death action under the New York Decedent Estate Law, § 130 et seq. jurisdiction over which was based on diversity of citizenship.

Helen Hayes was killed in an automobile accident on May 20, 1957 on Route 12 near Trenton, New York. At the time a 3.7 mile strip of Route 12 was being widened...

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