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ENDELMAN v. PALMER

65 F.Supp. 436 (1946)

ENDELMAN v. PALMER et al.

District Court, S. D. New York.

March 14, 1946.

Attorney(s) appearing for the Case

Cohen & Neustein, of New York City (Charles A. Cohen, of New York City, of counsel), for plaintiff.

Edward R. Brumley, of New York City (Kenneth B. Morton, of Scarsdale, of counsel), for defendants.

MOSCOWITZ, District Judge.

After the parties rested defendants made a motion for a directed verdict in their favor. The Court reserved decision upon the motion and submitted the issues of fact to the jury. The jury disagreed. Consideration has been given to the motion for a directed verdict.

Harry Endelman was killed on track 9, at New Haven, Connecticut, by a freight train operated by the defendants. Patrolman George F. Fahy, employed by the defendants, talked...

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