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DELAWARE & H. R. CORPORATION v. FELTER

No. 6527.

98 F.2d 868 (1938)

DELAWARE & H. R. CORPORATION v. FELTER (SPRINGFIELD FIRE & MARINE INS. CO., Intervener).

Circuit Court of Appeals, Third Circuit.

Rehearing Denied September 23, 1938.

Attorney(s) appearing for the Case

Paul Bedford, of Wilkes-Barre, Pa. (Joseph Rosch, of Albany, N. Y., and Thomas L. Ennis, of New York City, of counsel), for appellant.

Ralph Mastriani and Raymond Bialkowski, both of Scranton, Pa., for appellees.

Before BUFFINGTON and DAVIS, Circuit Judges, and DICKINSON, District Judge.

DICKINSON, District Judge.

The complaint voiced in the action brought in the Court below, is the loss of the property of the plaintiff below by fire due to the averred negligence of a railroad company in blocking a public highway, thereby preventing a Fire Hose Company from reaching the scene of the fire in time to extinguish the flames before any damage was done.

It is going outside the record but it may be assumed that the owner of the property was insured...

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