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DI BARI v. FISH TRANSPORT CO.

No. 56, Docket 25828.

275 F.2d 280 (1960)

Benedict DI BARI, Nicholas Rubin, also known as Abraham Nicholas Rubin, and Samuel Castellano, Plaintiffs-Appellants, v. FISH TRANSPORT CO., Inc., and James J. Smith, Jr., Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided February 25, 1960.

Attorney(s) appearing for the Case

Hyman A. Hochman, New York City (David Buchman, New York City, on the brief), for plaintiffs-appellants.

William L. Shumate, New York City (Cusack, Shumate & Geogham, New York City, on the brief), for defendants-appellees.

Before LUMBARD, Chief Judge, and MOORE and FRIENDLY, Circuit Judges.

PER CURIAM.

Plaintiffs brought this diversity action to recover for personal injuries and property damage suffered when Castellano's truck, driven by DiBari, and in which Rubin was riding, collided with a truck belonging to defendants. The jury rendered a verdict for defendants, and plaintiffs brought this appeal, claiming several errors in the conduct of the trial and in the charge of the court. The only allegations of error which we regard as possessing any merit...

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