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CHAPARRO v. JACKSON & PERKINS COMPANY

No. 465, Docket 28650.

346 F.2d 677 (1965)

Rosita CHAPARRO, Administratrix of the Estate of Juan Orsini Carrera, deceased, and Gracia Orsini, an infant, by her mother, general guardian and next friend, Rosita Chaparro, Plaintiffs-Appellants, v. JACKSON & PERKINS COMPANY, Utica Mutual Insurance Company, Charles D. Reeves, Frank P. Smith and Arthur G. Schulz, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided June 7, 1965.

Attorney(s) appearing for the Case

Stanley F. Danzig, New York City (Dora Aberlin, New York City, on the brief, Yamil Galib Frangie, San German, P. R., Eugenio Sanchez Ruiz, Mayaguez, P. R., of counsel), for appellants.

Ellsworth A. VanGraafeiland, Rochester, N. Y. (Wiser, Shaw, Freeman, Van-Graafeiland, Harter & Secrest, Rochester, N. Y., on the brief), for appellee, Jackson & Perkins Co.

Clarence L. Burton, Rochester, N. Y. (Moser, Johnson & Reif, Rochester, N. Y., on the brief), for appellee Utica Mut. Ins. Co.

William F. Martin, New York City (Martin, Clearwarter & Bell, New York City, on the brief), for appellees Reeves and Smith.

Before MOORE, SMITH and HAYS, Circuit Judges.

MOORE, Circuit Judge.

Juan Orsini Carrera was a Puerto Rican farm worker employed by the defendant Jackson & Perkins Co. (J&P) to work on its farms near Newark, New York. In the course of his employment in the summer of 1958 Carrera fell from a truck and struck his head. He was quickly taken to the Newark Medical Center where the defendant Dr. Davis examined him and had him sent to the Newark-Wayne Community Hospital. There he came under the care of the defendant...

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