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CARROLL v. HUBAY

No. 52, Docket 25679.

272 F.2d 767 (1959)

Owen CARROLL, Appellant, v. Joseph J. HUBAY, Jr., and Armour & Company, Appellees.

United States Court of Appeals Second Circuit.

Decided December 10, 1959.

Attorney(s) appearing for the Case

Harry Zeitlan, New York City, Bennett E. Aron, New York City, of counsel, for appellant.

David S. Konheim, Hartsell, Harrington & Jacobs, New York City, for Armour & Co.

John E. Morris, New York City, Joseph A. Doran, New York City, for Joseph J. Hubay, Jr.

Before LUMBARD, Chief Judge, and HAND and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal by the plaintiff from a judgment dismissing his complaint against the defendant, Armour & Company, at the close of the evidence, because in an action to recover for personal injuries the plaintiff had not proved that the other defendant, Hubay, was acting as an agent of Armour & Company at the time when plaintiff was injured. The injuries were caused in New Jersey by an automobile owned by Hubay which he was driving...

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