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SYLVESTRI v. WARNER & SWASEY CO.

Nos. 397, 398, Docket 32022, 32023.

398 F.2d 598 (1968)

Salvatore J. SYLVESTRI, Plaintiff-Appellee, v. The WARNER & SWASEY CO., Inc., Defendant-Appellant. Salvatore J. SYLVESTRI, Plaintiff-Appellee, v. COMAD, INC., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 24, 1968.

Attorney(s) appearing for the Case

Raymond L. Falls, Jr., New York City (Cahill, Gordon, Sonnett, Reindel & Ohl, New York City, and Samuel S. Weiner, Yonkers, N. Y., on the brief), for plaintiff-appellee.

Edmund F. Lamb, New York City (Purdy, Lamb & Catoggio, Juvenal L. Marchisio, and Schaffner & Furey, New York City, on the brief), for defendant-appellant The Warner & Swasey Co., Inc.

William F. McNulty, New York City (J. Robert Morris, New York City, on the brief), for defendant-appellant Comad, Inc.

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

LUMBARD, Chief Judge:

The Warner & Swasey Co., Inc. and Comad, Inc. appeal from a judgment entered in these consolidated diversity actions after a trial before Judge Mansfield and a jury in the Southern District of New York. The judgment awarded plaintiff, Salvatore J. Sylvestri, $25,000 against both appellants jointly and severally for personal injuries sustained by plaintiff when he was thrown from the operator's seat of a backhoe manufactured by Warner &...

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