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JOHNS v. BALTIMORE & OHIO RAILROAD COMPANY

Civ. A. Nos. 11322, 11323.

143 F.Supp. 15 (1956)

Alfred P. JOHNS, Administrator of the Estate of William A. Johns, Deceased, v. The BALTIMORE & OHIO RAILROAD COMPANY, a corporation. Mary U. JOHNS v. The BALTIMORE & OHIO RAILROAD COMPANY, a corporation.

United States District Court W. D. Pennsylvania.

June 18, 1956.

Attorney(s) appearing for the Case

Bloom, Bloom & Yard, and Wray G. Zelt, Jr., Washington, Pa., for plaintiffs.

Margiotti & Casey, and Marvin Power, Pittsburgh, Pa., for defendant.

WILLSON, District Judge.

William A. Johns, twenty-six years of age, was killed as the result of a grade crossing accident which occurred September 15, 1952, at about 9:30 A. M. on a clear day. Two civil actions were brought, one by Alfred P. Johns, Administrator of the estate at No. 11322 under the Survival Act, 12 P.S. § 1601 et seq., and the other by Mary U. Johns, the widow, at No. 11323 under the Wrongful Death Act, 20 P.S. § 320.601 et seq., of Pennsylvania...

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