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SCHWARTZ v. NORTHWEST AIRLINES, INC.

No. 241, Docket 25829.

275 F.2d 846 (1960)

Freda Larson SCHWARTZ, Executrix of the Estate of Frank George Schwartz, Deceased, Plaintiff-Appellant, v. NORTHWEST AIRLINES, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 21, 1960.

Attorney(s) appearing for the Case

Donald S. Sherwood, New York City (Jerome Golenbock, New York City, on the brief), for plaintiff-appellant.

John G. Reilly, New York City (Bigham, Englar, Jones & Houston and Robert F. Ewald, New York City, on the brief), for defendant-appellee.

Before CLARK, WATERMAN, and LEWIS, Circuit Judges.

PER CURIAM.

In the first trial of this death damage action, Judge Dimock set aside a special verdict for defendant because of improper comments by defendant's counsel in summation. In the second trial before Judge Murphy, the issues involving the claimed negligence of defendant, alleged to have been the proximate cause of the death of plaintiff's testate in an airplane accident, were submitted to a jury which rendered a general verdict for the defendant. Plaintiff...

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