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SHAW v. PENNA. R.R. CO.

374 Pa. 8 (1953)

Shaw, Appellant, v. Pennsylvania Railroad Company.

Supreme Court of Pennsylvania.

May 25, 1953.

Attorney(s) appearing for the Case

Isadore H. Bellis, with him Maurice H. Brown and Robert M. Bernstein, for appellant.

Philip Price, with him William H. Lowery and Barnes, Dechert, Price, Myers & Rhoads, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, May 25, 1953:

James R. Shaw, minor plaintiff, who was twelve years old at the time of the accident on November 26, 1949, was severely injured while climbing over one of defendant's freight cars. In the vicinity of the accident, five sets of tracks ran in a general north-south direction. Plaintiff testified on his own behalf as follows: He and three friends were returning from a visit to the Soldiers...

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