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IACURCI v. LUMMUS COMPANY

No. 447, Docket 28765.

340 F.2d 868 (1965)

Carmela N. IACURCI, individually and as Administratrix of the Estate of Lawrence Iacurci, deceased, and John Iacurci and Lawrence Iacurci, Jr., infants by their Guardian, Carmela N. Iacurci, Plaintiff-Appellees, v. The LUMMUS COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 6, 1965.

Attorney(s) appearing for the Case

Arnold B. Elkind, Zelenko & Elkind, New York City, on the brief, for plaintiff-appellees.

Raymond L. Falls, Jr., New York City (Floyd Abrams, Cahill, Gordon, Reindel & Ohl, New York City, on the brief), for defendant-appellant.

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

LUMBARD, Chief Judge.

The Lummus Company appeals from a judgment entered upon a $146,926 verdict for the plaintiff in a diversity action in the United States District Court for the Southern District of New York. The appeal turns on whether there was sufficient evidence to support the jury's finding that Lummus was negligent and that its negligence was the proximate cause of Lawrence Iacurci's death. As we find that the evidence...

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