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RADEL v. SMITH

Civ. No. 10787.

265 F.Supp. 585 (1967)

Richard J. RADEL, Administrator De Bonis Non, of the Estate of William L. Radel, Plaintiff, v. Richard Joyce SMITH, William S. Kirk, Harry W. Dorigan, As Trustees of the Property of New York, New Haven & Hartford Railroad Co., Defendants.

United States District Court D. Connecticut.

Supplemental Ruling on Motion for New Trial March 9, 1967.

Attorney(s) appearing for the Case

Richard L. Jacobs, Jacobs, Jacobs, Jacobs & Jacobs, New Haven, Conn., for plaintiff.

Thomas J. O'Sullivan, John D. McHugh, New Haven, Conn., Joseph P. Cooney, Hartford, Conn., for defendants.

RULING ON PLAINTIFF'S MOTION FOR NEW TRIAL

ZAMPANO, District Judge.

On December 2, 1966, a jury verdict for the defendant trustees was returned in this case. The action arose out of a railroad crossing accident in which an automobile operated by the plaintiff's decedent collided with one of the defendant's freight trains at Dayville, Connecticut.

A vigorously contested issue of negligence concerned the...

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