DAVIS v. CENTRAL VERMONT RAILWAY

No. 5, Docket 23318.

227 F.2d 948 (1955)

Philip DAVIS, Plaintiff-Appellee, v. CENTRAL VERMONT RAILWAY, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided December 16, 1955.


Attorney(s) appearing for the Case

H. H. Powers, St. Albans, Vt., for defendant-appellant.

C. O. Granai, Barre, Vt., A. Pearley Feen and Paul D. Sheehey, Burlington, Vt., for plaintiff-appellee.

Before FRANK, MEDINA and HINCKS, Circuit Judges.


MEDINA, Circuit Judge.

Plaintiff, riding as a guest in a truck, was injured when the front end of the truck was hit by one of defendant's passenger trains at a grade crossing. The appeal is from the judgment entered in plaintiff's favor on the verdict of a jury; and it is claimed: that the trial judge should have directed a verdict for defendant, because of the alleged failure of plaintiff to establish his freedom from contributory negligence, as required by Vermont...

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