BOURKE v. UNITED STATES

No. 151, Docket 26449.

287 F.2d 166 (1961)

John P. BOURKE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Second Circuit.

Decided February 10, 1961.


Attorney(s) appearing for the Case

Bernard Meyerson, Martin K. Kahn, Brooklyn, N. Y., for appellant.

Cornelius W. Wickersham, Jr., Brooklyn, N. Y., Judith A. Gelb, Brooklyn, N. Y., Confidential Asst. to U. S. Atty., of counsel, for appellee.

Before LUMBARD, Chief Judge, and CLARK and HAND, Circuit Judges.


PER CURIAM.

Judge Rayfiel has stated the facts very fully and we cannot see the necessity of a detailed repetition of them. He correctly says that the solution of this controversy can best be found by deciding where the collision took place between the motor car and the truck. He fixed it "at a point some 40 feet east thereof": i. e. 40 feet "east of the west boundary of the northbound lane of Third Avenue." If so, the truck had very nearly passed across the northbound...

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