ANTONAS v. LYFORD

No. 8622.

144 F.2d 763 (1944)

ANTONAS v. LYFORD.

Circuit Court of Appeals, Third Circuit.

Decided September 6, 1944.


Attorney(s) appearing for the Case

Paul Bedford, of Wilkes-Barre, Pa. (Ben R. Jones, Jr., of Wilkes-Barre, Pa., and Elbert N. Oakes, of New York City, on the brief), for appellant.

Stanley F. Coar, of Scranton, Pa. (Louis A. Fine, of Honesdale, Pa., on the brief), for appellee.

Before BRATTON and JONES, Circuit Judges, and KIRKPATRICK, District Judge.


KIRKPATRICK, District Judge.

This is a civil action by the plaintiff, as administratrix, to recover damages for the death of a minor child alleged to have been caused by the defendant's negligence. The plaintiff recovered a verdict, the District Court refused to set it aside and the defendant has appealed.

The case is that of a thirteen year old girl falling from a railroad trestle upon rocks in the bed of a stream twenty-five feet below. The trestle was twenty...

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