STOKEM v. ERIE R. CO.

No. 3956.

30 F.2d 102 (1929)

STOKEM v. ERIE R. CO.

Circuit Court of Appeals, Third Circuit.

January 11, 1929.


Attorney(s) appearing for the Case

John W. McGeehan, Jr., and Luke Kiernan, Jr., both of Newark, N. J., for appellant.

Hobart & Minard, of Newark, N. J. (George S. Hobart and John E. Selser, both of Newark, N. J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

This case is confused by the alleged issue of whether the deceased stopped before attempting to cross the track. We must accept as a fact that he did stop, and looked and listened when he stopped. This was at a point 10 to 15 feet back of the main track. The question is, not what he did when he stopped, but what he did or failed to do after he again started. His outlook was then clear, as shown by the photographs, to see an approaching train...

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