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SKELLEY v. NEW YORK, N. H. & H. R. CO.

No. 97.

93 F.2d 479 (1937)

SKELLEY v. NEW YORK, N. H. & H. R. CO.

Circuit Court of Appeals, Second Circuit.

Additional Opinion February 7, 1938.

Attorney(s) appearing for the Case

Peter J. Haberkorn, of New York City (Jacob M. Friedman, of New York City, of counsel), for appellant.

Edward R. Brumley, of New York City (Edmund J. Moore, of New York City, of counsel), for appellee.

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

MANTON, Circuit Judge.

Appellant's intestate was killed by a passenger train while crossing appellee's railroad in a motortruck which he was operating at Lee's Crossing at West Cornwall, Conn. The train was proceeding south at 35 miles per hour over a single track railroad. This crossing was unprotected by gates, bell, or flagman, although there was a warning sign positioned nearby. Deceased proceeded along a dirt road which paralleled the railroad track and turned...

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