Lillian Zucker, Adm'x, Estate of Marvin Jerome Zucker v. Hugo Vogt, D/B/A Hugo's Restaurant

J. JOSEPH SMITH, Circuit Judge:

The defendant appeals from a judgment in the amount of $13,000 entered in the United States District Court for the District of Connecticut after a jury trial on a Dram Shop Act claim before District Judge T. Emmet Clarie. We find no error and affirm the judgment.

On the evening of February 22, 1961 plantiff’s decedent, Marvin Zucker, was changing a tire on his taxicab in a so-called “safety island” adjacent to Exit 13 on the New York Thruway. Zucker was fatally injured when struck by an automobile operated by William Baker, Jr. A blood sample taken from Baker…