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LISSAK v. PENNSYLVANIA R. CO.

No. L-7544.

33 F.Supp. 214 (1940)

LISSAK et al. v. PENNSYLVANIA R. CO.

District Court, E. D. New York.

May 23, 1940.

Attorney(s) appearing for the Case

Friedman & Friedman, of New York City (Frederick E. Weinberg, of New York City, of counsel), for plaintiffs.

Burlingham, Veeder, Clark & Hupper, of New York City, for defendant.

GALSTON, District Judge.

The New Jersey Railroad and Canal Act, (3 Comp.Stat.1910, p. 4245, Sec. 55; Rev.St.1937, 48:12-152, N.J.S.A. 48:12-152) as considered both by the courts of New Jersey and the Supreme Court, bars recovery by the plaintiff in this case, and in consequence it is immaterial to determine whether the defendant violated the so-called Fences and Cattle-guards section of the Compiled Statutes of New Jersey, approved April 12, 1910, N.J.S.A. 48:12-46...

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