ERIE R. CO. v. GORDON

No. 3804.

30 F.2d 101 (1929)

ERIE R. CO. v. GORDON.

Circuit Court of Appeals, Third Circuit.

January 11, 1929.


Attorney(s) appearing for the Case

Hobart & Minard, of Newark, N. J. (George S. Hobart and John E. Selser, both of Newark, N. J., of counsel), for appellant.

Harley, Cox & Walburg, of Newark, N. J. (John McNaughton, of Pompton Lakes, N. J., and Harry E. Walburg, of Newark, N. J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


BUFFINGTON, Circuit Judge.

The court below submitted this case to the jury. The real question, and we think the sole question, here on review, is whether there was enough evidence that the decedent was a passenger (actual or intended) to warrant its submission. Certainly he was either an intended passenger, a licensee, or a trespasser, and the railroad company owed him a duty according to his status in one of these three relations...

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