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WYSOCHANSKY v. DELAWARE & HUDSON RAILROAD CORPORATION

No. 9835.

174 F.2d 933 (1949)

Nicholas WYSOCHANSKY, Administrator of the Estate of Anna Marie Wysochansky, and Nicholas Wysochansky, as Trustee ad Litem, Appellant, v. DELAWARE & HUDSON RAILROAD CORPORATION.

United States Court of Appeals Third Circuit.

Decided May 9, 1949.

Attorney(s) appearing for the Case

Raymond Bialkowski, Scranton, Pa. (Maurice V. Cummings, Scranton, Pa., on the brief), for plaintiff-appellant.

Paul Bedford, Wilkes-Barre, Pa. (Michael H. Sheridan, Washington, D. C., Benjamin R. Jones, Jr., Wilkes-Barre, Pa., Joseph Rosch, Albany, N. Y., Thomas L. Ennis, New York City, on the brief), for defendant-appellee.

Before MARIS, GOODRICH, and McLAUGHLIN, Circuit Judges.

PER CURIAM.

In this case it appears that the plaintiff's decedent, disregarding the safety gates which were at the time lowered to bar traffic from a public crossing over the defendant's tracks, went onto the crossing in broad daylight and was struck and killed by the defendant's locomotive which was approaching from a direction where it had been clearly visible for a distance of over a quarter of a mile. The district court...

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