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WITIAK v. DELAWARE & H. R. CORPORATION

No. 1760.

59 F.Supp. 1009 (1945)

WITIAK v. DELAWARE & H. R. CORPORATION.

District Court, M. D. Pennsylvania.

April 9, 1945.

Attorney(s) appearing for the Case

Leon M. Levy, Thomas F. Hanahue, and Everett A. Rosser, all of Scranton, Pa., for plaintiff.

Paul Bedford, of Wilkes Barre, Pa., for defendant.

WATSON, District Judge.

The plaintiff, Peter Witiak, administrator of the estate of Evelyn Witiak, deceased, sued the Delaware & Hudson Railroad Corporation to recover damages claimed to be due from the defendant as the result of an accident when Evelyn Witiak was struck by a train of defendant, was seriously injured, and died as a result a few hours after.

The defendant has moved to dismiss the action for the reason that the complaint fails to state a...

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