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KATZ v. SWIFT & COMPANY

No. 246, Docket 25943.

276 F.2d 905 (1960)

Milton KATZ, Plaintiff-Appellee. v. SWIFT & COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 5, 1960.

Attorney(s) appearing for the Case

William P. Woods, New York City (William J. Condon, New York City, on the brief), for defendant-appellant.

Leon Hershbaum, New York City (Joan O'Dwyer and O'Dwyer & Bernstein, New York City, on the brief), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and BARNES, Circuit Judges.

PER CURIAM.

Swift & Company appeals from a judgment against it for $2,500 entered by the trial court sitting without a jury in a suit arising out of injuries suffered by Milton Katz, a butcher, who was struck in the eye by a rubber band which sprang off the shank of a lamb sold by Swift to the butcher shop where Katz was employed. The accident occurred on September 28, 1955 at the butcher shop in the Bronx, New York. Jurisdiction of the district court was based...

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