L. HAND, Circuit Judge.
The plaintiff sued the defendant for injuries caused by a collision on January 3, 1932, between a motorcar in which he was a passenger, and a freight train, at a grade crossing in the Province of Ontario. The case was tried on the assumption that though a passenger, the plaintiff was equally responsible with the driver for the operation of the car, and we shall treat them as one. The car was going north on a main highway; the track ran at right...
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