PENNSYLVANIA R. CO. v. MOFFITT

No. 3377.

1 F.2d 276 (1924)

PENNSYLVANIA R. CO. v. MOFFITT.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied September 19, 1924.


Attorney(s) appearing for the Case

Walter J. Gunn, of Danville, Ill., for plaintiff in error.

Thos. A. Graham and Chas. Troup, both of Danville, Ill., for defendant in error.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


ALSCHULER, Circuit Judge (after stating the facts as above).

The salient contentions for reversal of the judgment are that the evidence fails to show negligence on the part of the company and that from all the evidence contributory negligence in driving the automobile affirmatively appears.

That this was a crossing highly and extraordinarily dangerous to travelers approaching it from the south must be conceded, and of course no one knew this better than the...

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