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JONES v. PENNSYLVANIA R. CO.

Civil Action No. 880.

35 F.Supp. 1017 (1940)

JONES v. PENNSYLVANIA R. CO.

District Court, E. D. New York.

December 9, 1940.

Attorney(s) appearing for the Case

Stephen A. Machcinski, of New York City (William Paul Allen of New York City, of counsel), for plaintiff.

Burlingham, Veeder, Clark & Hupper, of New York City (G. Hunter Merritt, of New York City, of counsel), for defendant.

BYERS, District Judge.

Motions were made to set aside plaintiff's verdict upon the usual grounds, and for a directed verdict for defendant, as to both of which decision was reserved, on November 1, 1940.

The motion will be granted to set aside, and a new trial will be ordered, because I am satisfied that justice so requires. The assertion of negligence made in the complaint and the bill of particulars is that the defendant's tender attached to engine 93 was...

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