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PENNSYLVANIA R. R. v. MONTGOMERY

No. 313.

6 F.2d 386 (1925)

PENNSYLVANIA R. R. v. MONTGOMERY.

Circuit Court of Appeals, Second Circuit.

March 2, 1925.

Attorney(s) appearing for the Case

Harold J. Adams and Percy R. Smith, both of Buffalo, N. Y., for plaintiff in error.

Ward, Flynn, Spring & Tillou, of Buffalo, N. Y. (Dana L. Spring, of Buffalo, N. Y., of counsel), for defendant in error.

Before ROGERS, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge.

The plaintiff sued for the death of her intestate while an employee of the defendant as a brakeman upon its railroad, assigned to duty in Dunkirk, N. Y. The defendant denied liability, and the case was tried to a jury before Hazel, J., on November 24th, 1924. At the conclusion of the plaintiff's case the judge directed a nonsuit for insufficiency of proof. On December 5th the defendant entered a judgment of nonsuit dismissing the complaint, without...

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