BOLAN v. LEHIGH VALLEY R. CO.

No. 225, Docket 20936.

167 F.2d 934 (1948)

BOLAN v. LEHIGH VALLEY R. CO.

Circuit Court of Appeals, Second Circuit.

May 10, 1948.


Attorney(s) appearing for the Case

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y. (William M. Fay and Richard I. Fricke, both of Buffalo, N. Y., of counsel), for appellant.

McElroy, Young & Mahley, of Syracuse, N. Y. (Gordon H. Mahley and J. Murray Dunn, both of Syracuse, N.Y., of counsel), for appellee.

Before SWAN, CLARK, and FRANK, Circuit judges.


FRANK, Circuit Judge.

Appellant relies on four arguments: (1) That there was insufficient evidence to warrant a finding that defendant had violated the Boiler Inspection Act; (2) that the evidence was insufficient to warrant a finding that any such alleged violation constituted the proximate cause of the accident, and that there was no such finding; (3) that the verdict is based solely upon speculation and conjecture; and (4) that, when the jury returned for further...

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