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EVANS v. S. J. GROVES & SONS COMPANY

Nos. 142 and 143, Dockets 27737 and 27738.

315 F.2d 335 (1963)

Abbie F. EVANS, by Spencer J. Evans, the duly appointed and acting Committee of her person and property, Plaintiff-Appellee, v. S. J. GROVES & SONS COMPANY (incorporated State of Minnesota), Defendant-Appellant. Spencer J. EVANS (a resident of Oneida County, State of New York), Plaintiff-Appellee, v. S. J. GROVES & SONS COMPANY (incorporated State of Minnesota), Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 20, 1963.

Attorney(s) appearing for the Case

Bartle Gorman, Utica, N. Y., for defendant-appellant.

George Kohn, Remsen, N. Y., for plaintiffs-appellees.

Before SWAN and FRIENDLY, Circuit Judges, and DIMOCK, District Judge.

FRIENDLY, Circuit Judge.

These appeals by an out-of-state defendant from judgments of the District Court for the Northern District of New York in two negligence actions brought by in-state plaintiffs present a number of close questions, mainly of New York law. We have concluded to affirm.

The evidence amply supported the following version of the accident and its immediate sequelae — a version which, indeed, has not been seriously questioned either below...

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