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DELAWARE & H. R. CORPORATION v. BONZIK

Nos. 6956-6965.

105 F.2d 341 (1939)

DELAWARE & H. R. CORPORATION v. BONZIK et al., and nine other cases.

Circuit Court of Appeals, Third Circuit.

June 30, 1939.

Attorney(s) appearing for the Case

Paul Bedford and Benjamin R. Jones, Jr., both of Wilkes-Barre, Pa. (Joseph Rasch and Thomas L. Ennis, both of New York City, of counsel), for appellant.

A. M. Lucks and R. L. Levy, both of Scranton, Pa., for appellees.

Before BIGGS, MARIS, and CLARK, Circuit Judges.

MARIS, Circuit Judge.

On July 23, 1933 seven boys, all minors, boarded the defendant's train at Hudson, Pennsylvania, in order to ride to an amusement park about ten miles distant. The train consisted of seventy-seven loaded and seven empty freight cars; was pulled by an engine at the head and pushed by another engine at the rear. The boys said that they climbed onto a car close to the front engine and worked their way back to the forty-fifth car, a flat gondola loaded...

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