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OSTAPENKO v. AMERICAN BRIDGE DIV. OF U. S. STEEL CORP.

No. 293, Docket 25511.

267 F.2d 204 (1959)

Cosmo OSTAPENKO, Plaintiff-Appellant, v. AMERICAN BRIDGE DIVISION OF UNITED STATES STEEL CORPORATION, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 29, 1959.

Attorney(s) appearing for the Case

Benjamin H. Siff, New York City (Arthur C. Zale, New York City, on the brief), for appellant.

Mark F. Hughes, New York City (Willkie, Farr, Gallagher, Walton & FitzGibbon and Vincent R. FitzPatrick, New York City, on the brief), for appellee.

Before LUMBARD, Circuit Judge, and WEINFELD and ANDERSON, District Judges.

WEINFELD, District Judge.

Plaintiff appeals from a judgment in favor of the defendant entered upon an adverse jury verdict in an action to recover damages for personal injuries allegedly sustained by reason of defendant's negligence. Reversal of the judgment is sought upon two grounds: (1) failure of the Court to charge with respect to the defendant's statutory duty under the Labor Law of the State of New York; and (2) the submission of the issue of plaintiff's contributory...

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