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PHILADELPHIA & READING COAL & IRON CO. v. KEVER

No. 3153.

4 F.2d 531 (1925)

PHILADELPHIA & READING COAL & IRON CO. v. KEVER.

Circuit Court of Appeals, Third Circuit.

March 5, 1925.

Attorney(s) appearing for the Case

Wm. Clarke Mason, of Philadelphia, Pa., for plaintiff in error.

Frank F. Davis, of New York City, for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below, Mrs. Katherine Kever, a citizen of New York state, on behalf of herself and children, brought suit against the Philadelphia & Reading Coal & Iron Company to recover damages for the death of her husband, George Kever, caused, as she alleged, by the negligence of the coal company. On the trial of the cause, the defendant asked for binding instructions in its favor, on the ground that the proofs showed no negligence...

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