SLOCUM v. ERIE R. CO.

No. 113.

37 F.2d 42 (1930)

SLOCUM v. ERIE R. CO.

Circuit Court of Appeals, Second Circuit.

January 6, 1930.


Attorney(s) appearing for the Case

Stanchfield, Collin, Lovell & Sayles, of Elmira, N. Y. (Halsey Sayles, of Elmira, N. Y., of counsel), for defendant-appellant.

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

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge (after stating the facts as above).

The plaintiff seeks to establish negligence by showing that the defendant railroad company disregarded the standards of care set up by its own rules, but it is hard to see how the disregard of these rules could have had anything to do with the death of plaintiff's husband.

In the first place, all the testimony indicates that Slocum fell from the car on which he was riding, through some unknown...

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