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GELBIN v. NEW YORK, N. H. & H. R. CO.

No. 117.

62 F.2d 500 (1933)

GELBIN v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

January 9, 1933.

Attorney(s) appearing for the Case

John M. Gibbons, of New York City (E. R. Brumley, of New York City, of counsel), for appellant.

Feltenstein & Rosenstein, of New York City (Moses Feltenstein, Abraham Rosenstein, and Sidney J. Feltenstein, all of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

Appellee's intestate was killed on August 7, 1929, at a grade crossing in South Millbrook, Dutchess county, N. Y., while proceeding in a westerly direction in his motorcar and while crossing the appellant's railroad tracks, by a train proceeding in a northerly direction. The crossing is unprotected by signal bell, gates, or watchman. A controverted issue of fact arose as to the condition of the warning disc sign on the right-hand side of the...

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