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MURPHY v. PENNSYLVANIA R. CO.

Nos. 4030, 4031.

1 F.2d 929 (1924)

MURPHY et al. v. PENNSYLVANIA R. CO. CLOUTIER v. SAME.

Circuit Court of Appeals, Sixth Circuit.

October 17, 1924.

Attorney(s) appearing for the Case

In No. 4030:

John Ruffalo and Craver, Diser, Huey & Starrs, all of Youngstown, Ohio, and J. W. Mooney and G. E. Bibbee, both of Columbus, Ohio, for plaintiffs in error.

Squire, Sanders & Dempsey, of Cleveland, Ohio, and Harrington, Deford, Huxley & Smith, of Youngstown, Ohio, for defendant in error.

In No. 4031:

John Ruffalo and Craver, Diser, Huey & Starrs, all of Youngstown, Ohio, for plaintiff in error.

Squire, Sanders & Dempsey, of Cleveland, Ohio, and Harrington, Deford, Huxley & Smith, of Youngstown, Ohio, for defendant in error.

Before DENISON and MACK, Circuit Judges, and SATER, District Judge.

PER CURIAM.

The only complaint is that the trial judge, when his attention was called thereto after the general charge, failed to instruct the jury that they might predicate actionable negligence upon the lack of gate or watchman at this crossing, and even in the absence of statutory requirement therefor, because this crossing was "especially dangerous" and "more than ordinarily hazardous." Grand Trunk Ry. Co. v. Ives, 144 U.S. 408...

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