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PENNSYLVANIA R. CO. v. CUTTING

No. 194.

5 F.2d 936 (1925)

PENNSYLVANIA R. CO. v. CUTTING et al.

Circuit Court of Appeals, Second Circuit.

February 2, 1925.

Attorney(s) appearing for the Case

Harold J. Adams, of Buffalo, N. Y. (Evan Hollister, of Buffalo, N. Y., of counsel), for plaintiff in error.

Reed, Wait & Spofford, of Erie, Pa., and Henry W. Brush, of Buffalo, N. Y. (Henry W. Brush, of Buffalo, N. Y., of counsel), for defendants in error.

Before ROGERS, MANTON, and HAND, Circuit Judges.

MANTON, Circuit Judge.

The plaintiff in error operates a steam railroad through the city of Corry, in the state of Pennsylvania, anl crosses Columbus avenue, a public highway, at right angles. The railroad runs about north and south, and Columbus avenue, east and west. The deceased on the 18th day of May, 1923, at about 9:30 a. m., operating a Ford commercial truck, drove west along Columbus avenue, toward the railroad track, and while crossing was struck by a locomotive...

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