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ZUCKER v. VOGT

No. 265, Docket 28540.

329 F.2d 426 (1964)

Lillian ZUCKER, Adm'x, Estate of Marvin Jerome Zucker, Plaintiff-Appellee, v. Hugo VOGT, d/b/a Hugo's Restaurant, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided April 1, 1964.

Attorney(s) appearing for the Case

Philip R. Shiff, New Haven, Conn. (Alan H. W. Shiff, New Haven, Conn., on the brief), for plaintiff-appellee.

Morgan P. Ames, Stamford, Conn. (James P. Gregory and Cummings & Lockwood, Stamford, Conn., on the brief), for defendant-appellant.

Before LUMBARD, Chief Judge, and SWAN and SMITH, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

The defendant appeals from a judgment in the amount of $13,000 entered in the United States District Court for the District of Connecticut after a jury trial on a Dram Shop Act claim before District Judge T. Emmet Clarie. We find no error and affirm the judgment.

On the evening of February 22, 1961 plantiff's decedent, Marvin Zucker, was changing a tire on his taxicab in a socalled "safety island" adjacent to Exit 13 on the...

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