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ROSENTHAL v. PENNSYLVANIA R. CO.

Civil Action No. 1144.

45 F.Supp. 42 (1942)

ROSENTHAL v. PENNSYLVANIA R. CO.

District Court, E. D. New York.

May 15, 1942.

Attorney(s) appearing for the Case

Bernard Burlakoff, of New York City (Julian Buchbinder, of New York City, of counsel), for plaintiff.

Burlingham, Veeder, Clark & Hupper, of New York City (G. Hunter Merritt, of New York City, of counsel), for defendant.

BYERS, District Judge.

This is an action tried to the Court in which the plaintiff seeks a judgment because of the alleged negligence of the defendant in failing to keep a portion of the stairway at the 8th Avenue entrance of the Pennsylvania Terminal, in the City of New York, free from a foreign substance the presence of which caused her to fall and break her leg.

The facts are found to be as follows:

1. On July 10, 1939, at about 10:30 p.m., the...

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