PENNSYLVANIA R. CO. v. FISCHER

No. 4563.

53 F.2d 1017 (1931)

PENNSYLVANIA R. CO. v. FISCHER.

Circuit Court of Appeals, Seventh Circuit.

November 17, 1931.


Attorney(s) appearing for the Case

Fred E. Zollars, Elmer Leonard, and James H. Rose, all of Ft. Wayne, Ind., for appellant.

Otto Fuelber, of Ft. Wayne, Ind., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


EVANS, Circuit Judge.

This action was brought to recover damages suffered by appellee when his automobile was struck by one of appellant's trains at a point where the so-called Kissel road crosses the Pennsylvania right of way in Whitley county, Ind. A judgment in his favor followed a favorable verdict. In support of its appeal, appellant assigns one error, viz., the failure of the court to grant its motion for a directed verdict.

It is argued that the evidence...

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