GREENE v. SWISSAIR TRANSPORT CO., LTD.

No. 380, Docket 31216.

396 F.2d 126 (1968)

Sylvia GREENE, Harry Greene, Mary Lo Prince and Don J. Lo Prince, Plaintiffs-Appellants, v. SWISSAIR TRANSPORT CO., Ltd., Globus Mantegazza and Albek, S. A., a/k/a Globus Tours, Mantegazza & Albek, Inc., Lugano, a/k/a Globus Tours, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided May 22, 1968.


Attorney(s) appearing for the Case

Benjamin H. Siff, B. Leo Schwarz, New York City, for plaintiffs-appellants.

Richard J. Burke, John E. Morris, New York City, for defendant, Swissair Transport Co., Ltd.

Alden Mesrop, Wormser, Koch, Kiely & Alessandroni, New York City, for defendant, Globus Tours, Mantegazza & Albek, S.A.

Before MOORE, WOODBURY and SMITH, Circuit Judges.


PER CURIAM:

Appellants were participants in a group tour of Italy. As they were proceeding south from Rome to Naples, their tour bus, operated by Mr. Fontana on behalf of Globus Tours, collided into the rear of a southbound truck while overtaking it. After hearing the evidence, the court submitted three questions to the jury. They were

(1) Was the driver Fontana negligent in the operation of the bus on March 16, 1962, at or just before the collision?

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