MANTON, Circuit Judge.
The appellee's intestate was killed at the Getzville road crossing, northeast of the city of Buffalo. Appellant's two tracks cross this road at grade in a northwest and southeast direction. The deceased, in a Ford sedan which he was driving, with three others, proceeded in a southerly direction and was crossing the tracks when he was struck by a locomotive hauling a train of freight cars, and died as a result of injuries thus sustained.
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