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BAILEY v. BALTIMORE AND OHIO RAILROAD COMPANY

Nos. 40, 41, Dockets 23651, 23652.

227 F.2d 344 (1955)

Edna A. BAILEY, as Administratrix of the Goods, Chattels and Credits of Arthur Bailey, Deceased, Plaintiff-Appellant, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Defendant-Appellee. Leon METZLER, Plaintiff-Appellant, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 18, 1955.

Attorney(s) appearing for the Case

Charlotte L. Smallwood, Warsaw, N. Y., for plaintiff-appellant Bailey.

John R. Graney, LeRoy, N. Y., for plaintiff-appellant Metzler.

Ellsworth Van Graafeiland, Rochester, N. Y. (Strang, Wright, Combs, Wiser & Shaw, Rochester, N. Y., on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and FRANK and WATERMAN, Circuit Judges.

CLARK, Chief Judge.

These are a wrongful-death action brought by the administratrix of decedent Arthur Bailey and a companion personal-injuries suit brought by Leon Metzler arising out of a grade crossing accident which occurred on September 28, 1951, in LeRoy, New York. Originally brought in the New York State Supreme Court, the suits were removed by defendant to the court below, where a trial to the jury resulted in verdicts and judgments for defendant.

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