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TOMPKINS v. ERIE R. CO.

No. 367.

98 F.2d 49 (1938)

TOMPKINS v. ERIE R. CO.

Circuit Court of Appeals, Second Circuit.

July 12, 1938.

Attorney(s) appearing for the Case

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (William C. Cannon, Theodore Kiendl, Harold W. Bissell, and L. Ray Glass, all of New York City, of counsel), for appellant.

Bernard G. Nemeroff and Bernard Kaufman, both of New York City (William Walsh and Aaron L. Danzig, both of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

The plaintiff sustained injuries when hit by some object projecting from an approaching freight train as he was walking along a path parallel and adjacent to the track upon the defendant's right of way in Hughestown, Pa. In the district court he obtained a substantial judgment which was affirmed by this court in Tompkins v. Erie R. Co., 2 Cir., 90 F.2d 603. On that appeal the defendant asserted, and the plaintiff...

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