PENNSYLVANIA R. CO. v. SWARTZEL

No. 3814.

17 F.2d 869 (1927)

PENNSYLVANIA R. CO. v. SWARTZEL.

Circuit Court of Appeals, Seventh Circuit.

March 21, 1927.


Attorney(s) appearing for the Case

Fred E. Zollars, of Ft. Wayne, Ind., for plaintiff in error.

Edw. O. Snethen, of Indianapolis, Ind., for defendant in error.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


PAGE, Circuit Judge.

A jury awarded plaintiff, defendant in error, damages under his complaint against defendant, plaintiff in error. The injury to plaintiff arose from a collision between plaintiff's truck and defendant's train at a public highway crossing. One paragraph of the complaint alleges negligent operation of the train, and the other paragraph charges negligence under the "last clear chance" doctrine.

The tracks of defendant's railroad were about...

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