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GERARD v. AMERICAN AIRLINES, INC.

No. 8, Docket 25515.

272 F.2d 35 (1959)

Marvin GERARD, Plaintiff-Appellee, v. AMERICAN AIRLINES, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 27, 1959.

Attorney(s) appearing for the Case

Paul G. Pennoyer, Jr., of Bigham, Englar, Jones & Houston, New York City (Robert F. Ewald, New York City, on the brief), for defendant-appellant.

Isidor Enselman, New York City (Max Scheer and Morton M. Shreck, New York City, on the brief), for plaintiff-appellee.

Before CLARK, Chief Judge, MOORE, Circuit Judge, and J. JOSEPH SMITH, District Judge.

CLARK, Chief Judge.

Plaintiff, a passenger on defendant's airline en route from New York to Texas, suffered a chip fracture of his right thumb in attempting to adjust his seat. The positioning of the seat is controlled by a spring loaded lever which must be raised to release the seat back. When released, the lever is pulled down by spring tension so that one of its notches falls into a knob on the seat back, thus locking it into position. Plaintiff testified that...

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