SMITH v. PHILADELPHIA & R. RY. CO.

No. 3216.

3 F.2d 604 (1925)

SMITH v. PHILADELPHIA & R. RY. CO.

Circuit Court of Appeals, Third Circuit.

February 3, 1925.


Attorney(s) appearing for the Case

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

Katzenbach & Hunt, of Trenton, N. J., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

The question involved in this case is whether there was any evidence produced which tended to show negligence on the part of the defendant railroad. The court below held there was not, and instructed the jury to find for the defendant. This action is here assigned for error.

A study of the records clearly shows such instruction was right. The husband of the plaintiff was a freight train conductor...

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