JACOBS v. PENNSYLVANIA R. CO.

Nos. 6127-6129.

90 F.2d 329 (1937)

JACOBS v. PENNSYLVANIA R. CO. (two cases). JACOBS et al. v. SAME.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied June 18, 1937.


Attorney(s) appearing for the Case

James R. Morford, and Marvel, Morford, Ward & Logan, all of Wilmington, Del., for appellants.

Clarence A. Southerland and Ward & Gray, all of Wilmington, Del., for appellee.

Before BUFFINGTON and THOMPSON, Circuit Judges, and WELSH, District Judge.


BUFFINGTON, Circuit Judge.

These cases concern a collision between a backing railroad train and an automobile attempting to cross in front of it. No principle or precedent is involved, and the question is, Did the testimony constrain the trial court to grant the compulsory nonsuit it did?

From the proofs it appears the driver of the car was the servant of Jacob Jacobs, one of the plaintiffs. At the time of the accident he was under the direction of Mrs. Jacobs...

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