MASINO v. WEST JERSEY & S. S. R. CO.

No. 4286.

41 F.2d 645 (1930)

MASINO v. WEST JERSEY & S. S. R. CO.

Circuit Court of Appeals, Third Circuit.

May 29, 1930.


Attorney(s) appearing for the Case

C. Donald Swartz and Swartz & Campbell, all of Philadelphia, Pa., for appellant.

Francis Biddle, Owen J. Wister, and Barnes, Biddle & Myers, all of Philadelphia, Pa., for appellee.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and SCHOONMAKER, District Judge.


WOOLLEY, Circuit Judge.

At the railroad crossing there was a bell designed to give warning of the approach of a train. There was, of course, a bell on the engine. In this suit for death at the crossing, the testimony for the plaintiff was that neither bell was ringing; for the defendant, that both were ringing. Being within city limits, the engine whistle was not sounded.

The court charged the jury that it was the duty of the defendant to give adequate warning...

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