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BUTLER v. L. SONNEBORN SONS, INC.

No. 18, Docket 26905.

296 F.2d 623 (1961)

Grace Elaine McC. BUTLER, as Administratrix of the Estate of John Carlton Butler, Deceased, Plaintiff-Appellee, v. L. SONNEBORN SONS, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 20, 1961.

Attorney(s) appearing for the Case

William F. McNulty, New York City (Stanley D. Hicks), New York City, for appellant.

Donald E. Klein, New York City (Marvin Schwartz, New York City, of counsel), for appellee.

Before CLARK, FRIENDLY and MARSHALL, Circuit Judges.

FRIENDLY, Circuit Judge.

Defendant in this diversity of citizenship action for wrongful death appeals from a judgment for $57,500, entered in the District Court for the Southern District of New York, after trial before Judge Murphy and a jury.1 The grounds relied on are alleged insufficiency of evidence of negligence, errors in the charge and refusals to charge, and contributory negligence of decedent as a matter of law. We affirm.

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