Paul Emerson v. Royal Lumber Company, Inc.

322 F.2d 1020, 1963 U.S. App. LEXIS 4034
CourtCourt of Appeals for the Second Circuit
DecidedOctober 9, 1963
Docket27743
StatusPublished

This text of 322 F.2d 1020 (Paul Emerson v. Royal Lumber Company, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Paul Emerson v. Royal Lumber Company, Inc., 322 F.2d 1020, 1963 U.S. App. LEXIS 4034 (2d Cir. 1963).

Opinion

322 F.2d 1020

Paul EMERSON, Plaintiff-Appellee,
v.
ROYAL LUMBER COMPANY, Inc., Defendant-Appellant.

No. 42.

Docket 27743.

United States Court of Appeals Second Circuit.

Argued October 9, 1963.

Decided October 9, 1963.

Appeal from the United States District Court for the Southern District of New York; Charles M. Metzner, Judge.

James P. Shannon, New York City (John J. O'Connor and James M. Gilleran, New York City, on the brief), for appellant.

Anthony E. Sacco, New York City (Seymour M. Rowen, New York City, on the brief), for appellee.

Before CLARK, MOORE and KAUFMAN, Circuit Judges.

PER CURIAM.

We affirm in open court District Judge Metzner's judgment on a jury verdict for plaintiff. The questions of contributory negligence and assumption of risk raised by the defendant constituted no basis for a directed verdict and the judge's charge to the jury was appropriate and free from error.

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