Henriques v. Freisinger

DAVIS, Circuit Judge.

This is an appeal from a judgment of the district court entered upon the motion of the defendants for a nonsuit at the conclusion of plaintiff’s testimony on the ground that there was no evidence to submit to the jury.

Some time between 11 and 12 o’clock on the morning of October 18, 1930, Arthur Simigilo, who was employed by Sigmund Freisinger, was driving a one-ton Ford truck with a closed body in a southerly direction along Seventh avenue approaching Twenty-Third street in the city of New York. The truck was fifteen to twenty feet long, for the body extended some little…