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DORNHOFER v. LONG ISLAND R. CO.

No. 96.

139 F.2d 573 (1943)

DORNHOFER v. LONG ISLAND R. CO.

Circuit Court of Appeals, Second Circuit.

November 17, 1943.

Attorney(s) appearing for the Case

Joseph H. Wackerman, of Brooklyn, N. Y., for plaintiff-appellant.

Louis J. Carruthers, of New York City (Ralph E. Hemstreet, of Brooklyn, N. Y., and Harry G. Anderson, of New York City, of counsel), for defendant-appellee.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Plaintiff testified that she was a passenger on defendant's passenger train; that her destination was the Woodmere station; that she was so engrossed in reading that she was not aware that the train had passed Woodmere and the next station, Cedarhurst, until the train was leaving Cedarhurst; that she then planned to leave the train at the next succeeding station, Lawrence. She further testified:

"Q. When the train arrived into Lawrence...

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