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ATLANTIC CITY R. CO. v. SMITH

Nos. 3353, 3354.

12 F.2d 658 (1926)

ATLANTIC CITY R. CO. v. SMITH. SAME v. YOUNG.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied June 22, 1926.

Attorney(s) appearing for the Case

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

Michael D. Hayes and Wilson & McAdams, all of Philadelphia, Pa., for defendants in error.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and CLARK, District Judge.

CLARK, District Judge.

The sole question presented by this appeal is the propriety of the learned District Judge's refusal to give binding and/or peremptory (see Empire State Cattle Co. v. A., T. & S. F. R. R. Co., 210 U.S. 1, 28 S.Ct. 607, 52 L. Ed. 931, 15 Ann. Cas. 70) instructions in favor of the defendant railroad company. This request for the direction of a verdict was urged upon the familiar ground of contributory negligence...

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