DELAWARE & H. R. CORPORATION v. COTTRELL

No. 5124.

69 F.2d 195 (1934)

DELAWARE & H. R. CORPORATION v. COTTRELL.

Circuit Court of Appeals, Third Circuit.

February 14, 1934.


Attorney(s) appearing for the Case

Paul Bedford, of Wilkes-Barre, Pa. (Joseph Rosch, of Albany, N. Y., and H. T. Newcomb, of New York City, of counsel), for appellant.

R. L. Levy, of Scranton, Pa., and James Stone, of Carbondale, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

The plaintiff had a verdict and judgment against the railroad company for personal injuries sustained at a grade crossing. The verdict established the defendant's negligence. The only questions on its appeal are:

(a) Whether the court erred in declining to hold as matter of law that the plaintiff was guilty of contributory negligence and in refusing to direct a verdict accordingly; and

(b) Whether the court erred in giving and...

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