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SALKIN v. ERIE R. CO.

No. 3693.

23 F.2d 677 (1927)

SALKIN v. ERIE R. CO.

Circuit Court of Appeals, Third Circuit.

December 23, 1927.

Attorney(s) appearing for the Case

McCarter & English, of Newark, N. J. (Frederick W. Nixon, of Newark, N. J., of counsel), for plaintiff in error.

John E. Selser and Hobart & Minard, all of Newark, N. J. (George S. Hobart, of Newark, N. J., of counsel), for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below Lena Salkin brought suit against the Erie Railroad Company to recover damages for an alleged injury caused to her by the railroad lowering its street safety gates and striking her as she was walking along a public thoroughfare in Passaic, N. J. The issue of whether the railroad had negligently lowered its gates, and had in point of fact injured the plaintiff, was submitted to the jury in a charge of which no complaint...

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