BALTIMORE & O. R. CO. v. SHAW

No. 3824.

35 F.2d 410 (1929)

BALTIMORE & O. R. CO. v. SHAW.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 2, 1929.


Attorney(s) appearing for the Case

John W. Huxley, Jr., of Wilmington, Del., for appellant.

W. W. Knowles and Wm. T. Knowles, both of Wilmington, Del., for appellee.

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


BUFFINGTON, Circuit Judge.

In the court below Raymond E. Shaw recovered a verdict against the Baltimore & Ohio Railroad Company for damages caused, as he alleged, by the negligence of said company in its train striking the truck he was driving. On entry of judgment the railroad took this appeal. We assume the proof that the failure of the train to give notice by whistle or bell of its approach to the crossing is shown, and pass on to the underlying question, viz...

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