Schnerb v. Caterpillar Tractor Co.

SWAN, Circuit Judge.

This is the third time this litigation has been before this court. In the first appeal a judgment of nonsuit in a prior action was affirmed. 289 P. 1001. Within a year thereafter the present action was begun in the Supreme Court of New York, and removed on diverse citizenship into the District Court. After a trial, judgment was entered dismissing the complaint on the ground that the judgment in the prior action was a bar. This was reversed in 24 P.(2d) 377. A second trial of the-present action was then had, resulting in the judgment above described and the present appeal.

Th…