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DUGAN v. FRY

No. 4040.

34 F.2d 723 (1929)

DUGAN v. FRY et al.

Circuit Court of Appeals, Third Circuit.

September 23, 1929.

Attorney(s) appearing for the Case

Kalisch & Kalisch, of Newark, N. J. (Isidor Kalisch, of Newark, N. J., on the brief), for appellant.

Charles Stockdell Gray, of Newark, N. J. (Thomas Brown, of Perth Amboy, N. J., of counsel), for appellees.

Before WOOLLEY, Circuit Judge, and GIBSON and McVICAR, District Judges.

WOOLLEY, Circuit Judge.

Thomas Dugan, a boy sixteen years of age, was riding on the frame of a bicycle, with his legs astride the forks and hanging over the handle bars, in front of another boy pedaling the machine. It was night. The boys had thus been driving around and around a city block for several hours. Upon turning a corner, the bicycle collided with an oncoming motor truck. Dugan was killed. In this suit by his administrator against the owners of the truck...

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