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EVANS v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. Nos. 1792, 1795, 1796, 1823.

154 F.Supp. 14 (1957)

Jehu P. EVANS, by his next friend, Preston E. Evans, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the State of Pennsylvania, Defendant. Margaret Elizabeth JESTER, Widow, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the State of Pennsylvania, Defendant. Noah Kenneth COLLINS, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the State of Pennsylvania, Defendant. Leland Kenneth PHILLIPS, an infant, by his next friend, Leland Buckson Phillips, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the State of Pennsylvania, Defendant.

United States District Court D. Delaware.

August 15, 1957.

Attorney(s) appearing for the Case

James M. Tunnell, Jr. (of Tunnell & Tunnell), Georgetown, Del., for plaintiffs.

William S. Potter and James L. Latchum (of Berl, Potter & Anderson), Wilmington, Del., for defendant.

CALEB M. WRIGHT, District Judge.

These cases were consolidated for trial before this court without a jury. The plaintiffs are citizens of the State of Delaware and the defendant is a corporation of the Commonwealth of Pennsylvania. The amount in controversy in each case exceeds $3,000 exclusive of interest and costs.

During the early evening of May 20, 1955, four young men, William N. Daniels, Noah Kenneth Collins, Leland Kenneth Phillips and Marvin Jester...

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