COLWELL v. PENNSYLVANIA R. CO.

No. 7159.

113 F.2d 656 (1940)

COLWELL v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 16, 1940.


Attorney(s) appearing for the Case

F. E. Zollars, James Barrett, Jr., and Joseph A. Bruggeman, all of Fort Wayne, Ind., (Zollars & Temple and Barrett, Barrett & McNagny, all of Fort Wayne, Ind., of counsel), for appellant.

Wm. J. Reed and Paul E. Reed, both of Knox, Ind., and Paul M. Butler, of South Bend, Ind., for appellee.

Before EVANS, TREANOR, and KERNER, Circuit Judges.


EVANS, Circuit Judge.

Is this court justified in reversing a money judgment entered in a personal injury action in plaintiff's favor upon a favorable general verdict, when the record shows the facts to be:

At 3 P. M., July 21, 1937, decedent, an employee of the W. P. A., was proceeding westerly on W Street, which crosses the three tracks of defendant's railroad in Winamac, Indiana, when he was struck by a passenger train and died shortly thereafter. An ordinance...

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