ZIEGLER v. PITNEY

No. 179.

139 F.2d 595 (1943)

ZIEGLER v. PITNEY et al.

Circuit Court of Appeals, Second Circuit.

December 24, 1943.


Attorney(s) appearing for the Case

Jules Chopak, of New York City, for plaintiff-appellant.

Donovan, Leisure, Newton & Lumbard, of New York City (James R. Withrow, Jr., and Jerome H. Doran, both of New York City, of counsel), for Walter P. Gardner, defendant-appellee.

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


AUGUSTUS N. HAND, Circuit Judge.

The plaintiff brings this action as administratrix of the estate of her infant daughter Marian Ziegler to recover damages from the defendants individually, resulting from the injuries and death of the daughter who, while walking on the tracks of the Central Railroad of New Jersey, was struck by a train that was operated in a negligent and reckless manner by the employees of defendants who were at the time in possession of the road...

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