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KIERCE v. CENTRAL VERMONT RY.

Nos. 372, 373.

79 F.2d 198 (1935)

KIERCE v. CENTRAL VERMONT RY., Inc. PEARSON v. SAME.

Circuit Court of Appeals, Second Circuit.

August 12, 1935.

Attorney(s) appearing for the Case

Horace H. Powers, of St. Albans, Vt., and John W. Redmond, of Newport, Vt., for appellant.

Alfred T. Rowe, of New York City (Sol Gelb, of New York City, of counsel), for appellee Pearson.

Ernest W. Gibson, Jr., and Frank E. Barber, both of Brattleboro, Vt., for appellee Kierce.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

These actions arise out of a collision between two trains which occurred near Fitchville Junction, Conn., on the singletrack line of the defendant. Kierce was the conductor and Pearson the engineer of a passenger train known as train No. 1, which left New London, Conn., on July 6, 1932, on its regularly scheduled run for Brattleboro, Vt. It arrived at Yantic, Conn., on time at 4:10 p. m. Prior to its arrival...

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