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SHOIFET v. NEW YORK CENTRAL RAILROAD COMPANY

No. 203, Docket 25297.

265 F.2d 208 (1959)

Barnet SHOIFET, Plaintiff-Appellee, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 31, 1959.

Attorney(s) appearing for the Case

Jack Steinman, New York City (William E. J. Connor, Hudson, N. Y., on the brief), for plaintiff-appellee.

C. Austin White, New York City (Gerald E. Dwyer and Thomas J. Smith, New York City, on the brief), for defendant-appellant.

Before MEDINA, LUMBARD and BURGER, Circuit Judges.

MEDINA, Circuit Judge.

In this grade-crossing accident case The New York Central Railroad Company's appeal presents a single question of law, properly raised at the trial by a variety of motions: Was appellee guilty of contributory negligence as a matter of law?

As federal jurisdiction is based on diversity of citizenship, and the accident occurred in New York, the substantive aspects of the case are governed by New York law. See Klaxon Co. v. Stentor Electric...

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