COLE v. PENNSYLVANIA R. CO.


34 F.2d 171 (1929)

COLE v. PENNSYLVANIA R. CO.

District Court, W. D. New York.

June 17, 1929.


Attorney(s) appearing for the Case

Mortimer L. Sullivan, of Elmira, N. Y., for plaintiff.

Alexander S. Diven, of Elmira, N. Y., for defendant.


HAZEL, District Judge.

In this action at law to recover damages arising from the asserted negligence of the defendant railroad company, a citizen of Pennsylvania, the plaintiff being a citizen of this state, a trial by jury was waived, pursuant to a stipulation in writing of the parties, and the issue has been tried before the court.

There is no serious disagreement as to the facts and circumstances which preponderatingly show that on April 19, 1928, after...

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