CONRY v. BALTIMORE & O. R. CO.

No. 10450.

195 F.2d 120 (1952)

CONRY v. BALTIMORE & O. R. CO.

United States Court of Appeals Third Circuit.

Decided March 5, 1952.


Attorney(s) appearing for the Case

Vincent M. Casey, Pittsburgh, Pa. (Margiotti & Casey, Pittsburgh, Pa., on the brief), for appellant.

Thomas Park Shearer, Pittsburgh, Pa. (A. M. Oliver, Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.


McLAUGHLIN, Circuit Judge.

Plaintiff then about twenty-one years old was badly hurt as the result of being struck and run over by one of the defendant's freight trains. The point of impact was approximately 75 to 100 feet west of the 9th Street crossing of defendant's tracks in the Borough of Braddock, Pennsylvania. Just prior to being hit he was lying unconscious within the lines of the track, with his right leg over the south rail. In the negligence action that...

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