VAUGHT v. CHILDS COMPANY

No. 210, Docket 25929.

277 F.2d 516 (1960)

Maude C. VAUGHT, Plaintiff-Appellee, v. CHILDS COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 18, 1960.


Attorney(s) appearing for the Case

Lillian E. Cuff, New York City (Garvey & Conway, New York City, on the brief), for defendant-appellant.

Joseph A. Doran, New York City (John E. Morris, New York City, on the brief), for plaintiff-appellee.

Before CLARK, MOORE and FRIENDLY, Circuit Judges.


MOORE, Circuit Judge.

Childs Company, defendant in a personal injury action, appeals from a judgment against it entered upon a jury verdict. The errors asserted are, in substance: (1) failure to prove negligence; (2) refusal to make certain requested charges; (3) failure to dismiss because of alleged contributory negligence; (4) unwarranted comments to the jury as to the probative value of a statement; and (5) excessiveness of the verdict.

1. On the evening...

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