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PERUCCA v. BALTIMORE & O. R. CO.

Nos. 3962, 3963.

35 F.2d 113 (1929)

PERUCCA et al. v. BALTIMORE & O. R. CO. CONTRELLA et ux. v. SAME.

Circuit Court of Appeals, Third Circuit.

October 3, 1929.

Attorney(s) appearing for the Case

Walter L. Dipple, of Pittsburgh, Pa., for appellants.

Wm. H. Eckert and Smith, Buchanan, Scott & Gordon, all of Pittsburgh, Pa., for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and MORRIS, District Judge.

MORRIS, District Judge.

The Stutz roadster of Pete M. Perucca, driven by his wife, Mary Perucca, was struck by a west-bound engine as the car was passing from the south to the north, over the tracks of the defendant corporation, at a public crossing, in the borough of Sutersville in the state of Pennsylvania. The car was destroyed and the driver injured as a result. In the suit instituted by Perucca and his wife to recover damages for the injuries so sustained, the...

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