Legal Opinion

Salvatore J. Sylvestri v. The Warner & Swasey Co., Inc., Salvatore J. Sylvestri v. Comad, Inc.

Court of Appeals for the Second Circuit

Decided June 24, 1968No. 397, 398, Docket 32022, 32023PublishedCited by 56 opinions

1Opinion of the Court

LUMBARD, Chief Judge:

The Warner & Swasey Co., Inc. and Comad, Inc. appeal from a judgment entered in these consolidated diversity actions after a trial before Judge Mansfield and a jury in the Southern District of New York. The judgment awarded plaintiff, Salvatore J. Sylvestri, $25,000 against both appellants jointly and severally for personal injuries sustained by plaintiff when he was thrown from the operator’s seat of a backhoe manufactured by Warner & Swasey and sold by a predecessor of Comad to Sylvestri’s family-owned construction corporation as part of a combined equipment unit. The…

2Cases cited26 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Hanna v. PlumerSupreme Court of the United States · 1965
  3. Guaranty Trust Co. v. YorkSupreme Court of the United States · 1945
  4. Palmer v. HoffmanSupreme Court of the United States · 1943
  5. Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963

21 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Walker v. Armco Steel Corp.Supreme Court of the United States · 1980
  2. Michael Lindsey v. Dayton-Hudson Corporation, D/B/A Target Stores, a Minnesota CorporationCourt of Appeals for the Tenth Circuit · 1979
  3. Hawkins Construction Co. v. Matthews Co., Inc.Nebraska Supreme Court · 1973
  4. Varela v. Hi-Lo Powered Stirrups, Inc.District of Columbia Court of Appeals · 1980
  5. John T. Witherow v. The Firestone Tire & Rubber Company, a CorporationCourt of Appeals for the Third Circuit · 1976

51 more not listed; retrieve them via the Exa API.

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