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LEIBY v. PENNSYLVANIA R. CO.

No. 348.

58 F.2d 970 (1932)

LEIBY v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Second Circuit.

May 23, 1932.

Attorney(s) appearing for the Case

Burlingham, Veeder, Fearey, Clark & Hupper, of New York City (Morton L. Fearey and G. F. Tinker, both of New York City, of counsel), for appellant.

Edward J. McCrossin, of New York City, for appellee.

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

AUGUSTUS N. HAND, Circuit Judge.

This action was brought by Myrtle E. Leiby, as administratrix ad prosequendum of her husband, Raymond A. Leiby, deceased, under the statutes of New Jersey to recover damages for his death, sustained through the negligence of the Pennsylvania Railroad Company. The decedent was driving an automobile which was struck at Titusville, N. J., by one of defendant's passenger trains, bound from Philadelphia to Stroudsburg, and running at a...

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