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CURTISS v. NEW YORK CENT. R. CO.

No. 418.

79 F.2d 91 (1935)

CURTISS v. NEW YORK CENT. R. CO.

Circuit Court of Appeals, Second Circuit.

July 22, 1935.

Attorney(s) appearing for the Case

Jacob Aronson, of New York City, for appellant.

Michael M. Helfgott, of New York City, for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above).

The law of Massachusetts is the lex loci delicti which governs the action. Young v. Masci, 289 U.S. 253, 53 S.Ct. 599, 77 L. Ed. 1158, 88 A. L. R. 170; Cuba Railroad Co. v. Crosby, 222 U.S. 473, 32 S.Ct. 132, 56 L. Ed. 274, 38 L. R. A. (N. S.) 40.

The new road over the crossing, not having been opened to the public at the time of the accident...

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