SERTICH v. BALTIMORE & O. R. CO.

No. 2777.

29 F.2d 112 (1928)

SERTICH v. BALTIMORE & O. R. CO.

Circuit Court of Appeals, Fourth Circuit.

November 8, 1928.


Attorney(s) appearing for the Case

J. J. P. O'Brien, of Wheeling, W. Va. (Frank A. O'Brien, of Wheeling, W. Va., on the brief), for appellant.

Frank W. Nesbitt, of Wheeling, W. Va. (Russell G. Nesbitt, of Wheeling, W. Va., on the brief), for appellee.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.


PER CURIAM.

We think that the evidence in this case establishes that the crossing in question was a public crossing, and that there was sufficient evidence of negligence on the part of the defendant to have taken the case to the jury on that issue. We think, however, that contributory negligence on the part of plaintiff was conclusively established within the principles enunciated in the Goodman and Waid Cases, and that a verdict for defendant was properly directed...

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