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CARVILLE v. NEW YORK CENT. R. CO.

Nos. 2612, 2613.

53 F.2d 153 (1931)

CARVILLE v. NEW YORK CENT. R. CO. STAPLES v. SAME.

Circuit Court of Appeals, First Circuit.

November 4, 1931.

Attorney(s) appearing for the Case

Joseph E. Casey, of Clinton, Mass. (C. Edward Rowe, of Athol, Mass., on the brief), for appellants.

Frank W. Knowlton and Brooks Potter, both of Boston, Mass., for appellee.

Before BINGHAM, ANDERSON, and WILSON, Circuit Judges.

ANDERSON, Circuit Judge.

These two cases arise out of a grade crossing collision between a locomotive of the defendant and a motortruck, in which both of the plaintiffs' intestates were riding. The cases were tried together to recover for their deaths; in the Staples Case there was also a count for conscious suffering. On defendant's motion there was a directed verdict for the defendant in each case. The question before us is whether the plaintiffs were entitled to...

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