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HUFNER v. ERIE R. CO.

26 F.Supp. 855 (1939)

HUFNER et al. v. ERIE R. CO.

District Court, S. D. New York.

January 13, 1939.

Attorney(s) appearing for the Case

Harry Landau, of New York City (Morris Pottish, of New York City, of counsel), for plaintiffs.

Davis, Polk, Wardwell, Gardiner & Reed, of New York City (Theodore Kiendl and L. Ray Glass, both of New York City, of counsel), for defendant.

GODDARD, District Judge.

It clearly appears from the pleadings and affidavits submitted that the defendant is liable, if at all, only for wilful and wanton negligence on its part or that of its employees. Barrett v. New York Central & H. R. R. Co., 157 N.Y. 663, 52 N.E. 659.

It further appears from the papers submitted to the court — and both parties have had full opportunity to obtain and submit affidavits — that there is an absence of evidence...

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