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NEW YORK, O. & W. RY. CO. v. McHALE

No. 5018.

66 F.2d 558 (1933)

NEW YORK, O. & W. RY. CO. v. McHALE.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied September 7, 1933.

Attorney(s) appearing for the Case

Paul G. Collins and M. J. Martin, both of Scranton, Pa., for appellant.

Stanley F. Coar and David J. Reedy, both of Scranton, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

This is an appeal from a judgment entered by the District Court for the Middle District of Pennsylvania. The plaintiff brought an action in trespass to recover for personal injuries alleged to have been sustained by him as a result of the defendant's negligence. The defendant's railroad passes through the city of Scranton, Pa. Its single tracks intersect with a public street known as Durkin avenue. The accident occurred on a dark and cloudy...

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