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KILOSKI v. PENNSYLVANIA R. CO.

Civ. A. No. 1260.

103 F.Supp. 390 (1952)

KILOSKI v. PENNSYLVANIA R. CO.

United States District Court D. Delaware.

February 21, 1952.

Attorney(s) appearing for the Case

Harold Leshem, of Wilmington, Del., and Richter, Lord & Farage, of Philadelphia, Pa., for plaintiff.

William Poole and Frank O'Donnell (of Berl, Potter & Anderson), of Wilmington, Del., for defendant.

LEAHY, Chief Judge.

Plaintiff's complaint alleges that the action is brought under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. Defendant's answer denies negligence and permanent injury to plaintiff and asserts three affirmative defenses. The first alleges the injury resulted solely from plaintiff's own negligence; the second that plaintiff's injuries resulted from his contributory negligence; and the third that plaintiff entered into an accord...

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