ERIE R. CO. v. MURPHY

No. 65.

9 F.2d 525 (1925)

ERIE R. CO. v. MURPHY.

Circuit Court of Appeals, Second Circuit.

November 16, 1925.


Attorney(s) appearing for the Case

Stanchfield, Collin, Lovell & Sayles and Halsey Sayles, all of Elmira, N. Y., for plaintiff in error.

Mortimer L. Sullivan, of Elmira, N. Y., for defendant in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.


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

The uncontradicted facts adduced by both sides of this controversy presented a situation from which a jury could infer negligence. The case is one of a recognized class "where the circumstances of the occurrence (causing injury) are of a character to give ground for a reasonable inference that, if due care had been employed," what is popularly called an accident would not have happened. Central, etc., Co. v...

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