AUCHENBACH v. PHILADELPHIA & R. RY. CO.

No. 3162.

8 F.2d 350 (1925)

AUCHENBACH v. PHILADELPHIA & R. RY. CO.

Circuit Court of Appeals, Third Circuit.

September 29, 1925.


Attorney(s) appearing for the Case

Samuel Schneider, of Weehawken, N. J. (Humphrey J. Lynch, of White Plains, N. Y., of counsel), for plaintiff in error.

Edward L. Katzenbach (of Katzenbach & Hunt), of Trenton, N. J., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


DAVIS, Circuit Judge.

At the conclusion of the evidence in this case, the trial judge directed a verdict for the Philadelphia & Reading Railway Company, defendant, on the ground that it was not guilty of negligence, and that the proximate cause of the accident was due to the plaintiff's own negligence in going between two cars in a careless and negligent manner.

The plaintiff had been employed by defendant as a brakeman for about 2 years and 7 months....

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