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YOHAM v. ROSECLIFF REALTY COMPANY

No. 12724.

267 F.2d 9 (1959)

Katherine YOHAM, as Administratrix of the Estate of Marion K. Yoham, and Katherine Yoham, as Administratrix ad Prosequendum of Marion Yoham, Deceased, Appellant, v. ROSECLIFF REALTY COMPANY, Inc. and Palisades Amusement Park Operating Corporation.

United States Court of Appeals Third Circuit.

Decided May 14, 1959.

Attorney(s) appearing for the Case

Arnold B. Elkind, New York City (Jerome L. Yesko, Edwin Weiss, Herbert Zelenko, New York City, on the brief), for appellants.

John F. Leonard, Newark, N. J., for appellees.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

STALEY, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of New Jersey entered upon a jury verdict for the defendant. The action was one for the wrongful death of the plaintiff's husband allegedly thrown out of the roller coaster, Cyclone, owned and operated by defendant on July 8, 1956.

These are the essential facts: The roller coaster consists of a train of three...

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