PENNSYLVANIA R. CO. v. SWARTZEL

No. 4196.

38 F.2d 751 (1930)

PENNSYLVANIA R. CO. v. SWARTZEL.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 10, 1930.


Attorney(s) appearing for the Case

Fred E. Zollars, of Fort Wayne, Ind., for appellant.

Edward O. Snethen, of Indianapolis, Ind., and Lenn J. Oare, of South Bend, Ind., for appellee.

Before ALSCHULER, EVANS, and PAGE, Circuit Judges.


PAGE, Circuit Judge.

Our opinion on the first appeal of this case is in 17 F.2d 869. Except in particulars here shown, the facts are there sufficiently stated.

On the second trial, some of appellee's testimony was slightly more favorable to himself than that given upon the former trial.

The record shows that the witness Cowan, in the former trial, testified that he heard no whistle or bell sounded. The record here...

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