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CURKO v. WILLIAM SPENCER & SON, CORP.

No. 382, Docket 26137.

294 F.2d 410 (1961)

John CURKO, Appellant, v. WILLIAM SPENCER & SON, CORP., Appellee.

United States Court of Appeals Second Circuit.

Decided September 11, 1961.

Attorney(s) appearing for the Case

Nathan Baker, Hoboken, N. J. (Bernard Chazen, Baker, Garber & Chazen, Hoboken, N. J., on the brief), for plaintiff-appellant.

Walter A. Donnelly, New York City (Thomas A. Diskin, DeWitt, Nast & Diskin, New York City, on the brief), for defendant-appellee.

Before LUMBARD, Chief Judge, MOORE, Circuit Judge, and STEEL, District Judge.

STEEL, District Judge.

This appeal presents the question whether a judgment, based upon a general jury verdict adverse to the plaintiff, John Curko, and favorable to the defendant, William Spencer & Son, Corp., should be reversed and a new trial granted because of alleged errors of omission and commission in the charge.

Curko was injured while working as a longshoreman in the employ of International Terminal Operating Company (ITO) on the Fifth Street...

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