PACHECO v. NEW YORK, N. H. & H. R. CO.

No. 12.

15 F.2d 467 (1926)

PACHECO v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

November 1, 1926.


Attorney(s) appearing for the Case

J. Arthur Seidman, of New York City (Humphrey J. Lynch, of New York City, and Sol. Gelb, of White Plains, of counsel), for plaintiff in error.

John M. Gibbons, of New York City (E. R. Brumley, of New York City, of counsel), for defendant in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.


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

Except for the two rules mentioned above, the case would clearly fall within Aerkfetz v. Humphreys, 145 U.S. 418, 12 S.Ct. 835, 36 L. Ed. 758, Boldt v. Pennsylvania R. R. Co., 245 U.S. 441, 38 S.Ct. 139, 62 L. Ed. 385, and Chesapeake & Ohio Ry. Co. v. Nixon, 46 S.Ct. 495, 70 L. Ed. 914 (decided May 24, 1926). Apparently among the risks assumed...

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