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WITIAK v. DELAWARE & HUDSON R. R. CORPORATION

No. 8989.

153 F.2d 379 (1946)

WITIAK v. DELAWARE & HUDSON R. R. CORPORATION.

Circuit Court of Appeals, Third Circuit.

Decided January 29, 1946.

Attorney(s) appearing for the Case

Leon M. Levy, of Scranton, Pa. (Everett A. Rosser and Thomas F. Hanahue, both of Scranton, Pa., on the brief), for appellant.

Paul Bedford, of Wilkes-Barre, Pa. (Hon. Joseph Rosch, of Albany, N. Y., and Thomas L. Ennis, of New York City, on the brief), for appellee.

Before BIGGS, GOODRICH and McLAUGHLIN, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This matter involves a railroad grade crossing accident wherein plaintiff's decedent, a pedestrian, was "sidestruck" by some part of a train of the defendant, receiving such injuries that she died the same day. The District Court on motion dismissed the complaint on the ground of the decedent's contributory negligence. 59 F.Supp. 1009.

The complaint sets up the jurisdictional facts with appropriate...

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