MERCHANT v. UNITY REAL ESTATE COMPANY

No. 154, Docket 26479.

286 F.2d 629 (1961)

Harold MERCHANT, Appellee, v. UNITY REAL ESTATE COMPANY, Appellant.

United States Court of Appeals Second Circuit.

Decided February 17, 1961.


Attorney(s) appearing for the Case

Christopher Webber, Edwin W. Lawrence, Donald M. French, Rutland, Vt., for defendant-appellant.

Joseph M. O'Neill, O'Neill, Delany & Valente, Rutland, Vt., for plaintiff-appellee.

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


HAND, Circuit Judge.

This is an appeal from a judgment for the plaintiff entered by Judge Gibson upon the verdict of a jury in an action to recover damages for personal injuries. The jurisdiction of the District Court depended upon diversity of citizenship. The important questions involved are whether there was enough evidence to support the plaintiff's claim based on the defendant's negligence, and the absence of any contributory negligence of the plaintiff. The...

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