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Emil Brand v. Eastover, Inc.

Emil BRAND Et Al., Plaintiffs, Appellants, v. EASTOVER, INC., Defendant, Appellee

Brand v. Eastover, Inc., 295 F.2d 816 (1st Cir. 1961)
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Court
Court of Appeals for the First Circuit · U.S. Courts of Appeals
Decided
November 22, 1961
Docket
No. 5875_1
Judges
Woodbury, Hartigan, Aldrich
Citations
295 F.2d 8161961 U.S. App. LEXIS 3118

Opinion — Per Curiam

*817 PER CURIAM.

In this diversity action for injuries sustained while coasting at a winter resort the court in effect told the jury that if the rock which appellant testified his sled struck was where he said it was he could recover, but that if there was no rock there at all, as defendant’s witnesses testified, he could not. We think this charge was fair and appropriate.

Judgment will be entered affirming the judgment and order of the District Court.

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