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PENNSYLVANIA R.R. CO. v. SUN OIL CO.

383 Pa. 537 (1956)

Pennsylvania Railroad Company, Appellant, v. Sun Oil Company.

Supreme Court of Pennsylvania.

January 4, 1956.

Attorney(s) appearing for the Case

Theodore Voorhees, with him F. Hastings Griffin, Jr. and Barnes, Dechert, Price, Myers & Rhoads, for appellant.

Charles A. Wolfe, with him Sidney L. Wickenhaver, C. Brewster Rhoads and Montgomery, McCracken, Walker & Rhoads, for appellee.

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

OPINION BY MR. JUSTICE ALLEN M. STEARNE, January 4, 1956:

This is a suit in assumpsit brought by The Pennsylvania Railroad Company against the Sun Oil Company to recover by way of restitution a sum which the Railroad paid in settlement to one of its employes who was injured in an accident.

The accident occurred in Sun's yards on tracks owned and controlled by it. The Railroad's employe, Healy, was the conductor of...

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