FALKERSON v. NEW YORK, NEW HAVEN & HARTFORD R. CO.

No. 204, Docket 21937.

188 F.2d 892 (1951)

FALKERSON et al. v. The NEW YORK, NEW HAVEN & HARTFORD R. CO.

United States Court of Appeals Second Circuit.

Decided May 7, 1951.


Attorney(s) appearing for the Case

Edward R. Brumley, New York City (Robert M. Peet, New York City, of counsel), for defendant-appellant.

Sydney A. Syme, White Plains, N. Y., for appellee-administratrix.

Before SWAN, CHASE and FRANK, Circuit Judges.


CHASE, Circuit Judge.

The appellant is a railroad which maintains a single track branch line in Connecticut on which it runs trains between Stamford and New Canaan. In Springdale this track is crossed, at approximately right angles, by a dirt and gravel private road about ten feet wide over which vehicles pass between the Webb Off-Set factory east of the railroad track and a public highway, called Hope Street, which parallels it to the west. About six o'clock in the...

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