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HERTZ v. GRAHAM

No. 150, Docket 26349.

292 F.2d 443 (1961)

Fannie K. HERTZ, Plaintiff-Appellee, v. Elizabeth N. GRAHAM, individually and doing business as Maine Chance Farm, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 3, 1961.

Attorney(s) appearing for the Case

John J. Macchia, of Townley, Updike, Carter & Rodgers, New York City (J. Howard Carter and Lee W. Meyer, New York City, of counsel), for defendant-appellant.

William J. Manning, of Simpson Thacher & Bartlett, New York City (Cyrus R. Vance and Rolon W. Reed, New York City, of counsel), for plaintiff-appellee.

Before CLARK, MAGRUDER and MOORE, Circuit Judges.

MAGRUDER, Circuit Judge.

Plaintiff owned a race horse named Speedy Wave. Defendant also owned one named Star of Roses. The two horses collided on the training track at Belmont Park and both were killed instantly. Plaintiff sued Mrs. Graham for the loss of Speedy Wave. Defendant counterclaimed for the loss of Star of Roses. The jury brought in a verdict giving damages to the plaintiff for the death of Speedy Wave. Judgment was entered pursuant to the jury verdict,...

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