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ERIE R. CO. v. STEWART

No. 5350.

40 F.2d 855 (1930)

ERIE R. CO. v. STEWART.

Circuit Court of Appeals, Sixth Circuit.

May 13, 1930.

Attorney(s) appearing for the Case

E. A. Foote and B. D. Holt, both of Cleveland, Ohio (Cook, McGowan, Foote, Bushnell & Burgess, of Cleveland, Ohio, on the brief), for appellant.

William R. Day, of Cleveland, Ohio (Day & Day, of Cleveland, Ohio, John A. Elden, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON and HICKENLOOPER, Circuit Judges, and TUTTLE, District Judge.

HICKENLOOPER, Circuit Judge.

Stewart, plaintiff below, was a passenger in an automobile truck, sitting on the front seat to the right of the driver, a fellow employee of the East Ohio Gas Company. He recovered a judgment in the District Court for injuries received when the truck was struck by one of the defendant's trains at the 123d street crossing in the city of Cleveland. Defendant maintained a watchman at this crossing, which was admittedly heavily traveled, but...

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