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BALCHUNAS v. PALMER

No. 51.

151 F.2d 842 (1945)

BALCHUNAS et al. v. PALMER et al.

Circuit Court of Appeals, Second Circuit.

November 5, 1945.

Attorney(s) appearing for the Case

George H. Rosen, of New York City (George Green and S. Robert Putterman, both of New York City, on the brief), for plaintiffs-appellants.

E. R. Brumley, of New York City, for defendants-appellees.

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

CLARK, Circuit Judge.

About 7 P.M. on Friday, January 28, 1944, plaintiffs' intestate, Kastanias Radziunas, operating his own motor truck, drove onto the railroad tracks of the New Haven Road, at the Hoyt Street grade crossing in Darien, Connecticut, and was struck and killed about 110 feet south of the crossing by a train bound northerly for New Canaan. There were no eyewitnesses of the accident; but the testimony of the police officer who investigated the death...

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