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EMERSON v. ROYAL LUMBER COMPANY

No. 42, Docket 27743.

322 F.2d 1020 (1963)

Paul EMERSON, Plaintiff-Appellee, v. ROYAL LUMBER COMPANY, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided October 9, 1963.

Attorney(s) appearing for the Case

James P. Shannon, New York City (John J. O'Connor and James M. Gilleran, New York City, on the brief), for appellant.

Anthony E. Sacco, New York City (Seymour M. Rowen, New York City, on the brief), for appellee.

Before CLARK, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM.

We affirm in open court District Judge Metzner's judgment on a jury verdict for plaintiff. The questions of contributory negligence and assumption of risk raised by the defendant constituted no basis for a directed verdict and the judge's charge to the jury was appropriate and free...

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