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CMUK v. LEHIGH VALLEY R. CO.

No. 107.

116 F.2d 569 (1941)

CMUK v. LEHIGH VALLEY R. CO.

Circuit Court of Appeals, Second Circuit.

January 6, 1941.

Attorney(s) appearing for the Case

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y. (Thomas R. Wheeler and Edward L. Robinson, Jr., both of Buffalo, N. Y., of counsel), for appellant.

Buckley & Avery, of Oakfield, N. Y., and Stedman, Waterman & Garnier, of Batavia, N. Y. (Albert J. Waterman, of Batavia, N. Y., of counsel), for appellee.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

The defendant appeals from a judgment in an action to recover damages for injury done the plaintiff, while passing over its tracks in a motor car in which he was a passenger. The accident took place at night in open but settled country, not far from the City of Buffalo upon a highway running east and west and crossing the defendant's tracks at grade and at approximately right angles. There are two tracks at the point in question, the western...

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