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MAREINISS v. SHEERAN

Nos. 254, 255.

31 F.2d 976 (1929)

MAREINISS v. SHEERAN (two cases).

Circuit Court of Appeals, Second Circuit.

April 1, 1929.

Attorney(s) appearing for the Case

Harry S. Austin, of New York City (George F. Hickey, of New York City, of counsel), for appellants.

Henry J. Smith, of New York City (Ambrose Clogher, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

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

It is common knowledge that some jolting is usual when a trolley car rounds a curve. Passengers who board a crowded open car are bound to take notice of this fact and guard against being thrown down or off the car. Ward v. International R. Co., 206 N.Y. 83, 99 N. E. 262, Ann. Cas. 1914A, 1170. The railroad, on the other hand, is under an obligation to exercise care commensurate with the circumstances...

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