JERRELL v. NEW YORK CENT. R. CO.

No. 129.

68 F.2d 856 (1934)

JERRELL v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Second Circuit.

January 15, 1934.


Attorney(s) appearing for the Case

Flynn, Tillou, Phillips & Ward, of Buffalo, N. Y. (William J. Flynn, of Buffalo, N. Y., of counsel), for appellant.

Rann, Vaughan, Brown & Sturtevant, of Buffalo, N. Y. (Noel S. Symons and John E. Leach, both of Buffalo, N. Y., of counsel), for appellee.

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


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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