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MILLER v. PENNSYLVANIA RAILROAD CO.

Civ. A. No. 1520-55.

161 F.Supp. 633 (1958)

Wilfred L. MILLER et al., Plaintiffs, v. PENNSYLVANIA RAILROAD CO., Defendant.

United States District Court District of Columbia.

April 30, 1958.

Attorney(s) appearing for the Case

Sheldon E. Bernstein and Wilmer S. Schantz, Jr. (of Newmyer & Bress), Washington, D. C., for plaintiff Miller.

Arthur S. Feld and Charles J. Rose, Washington, D. C., for intervenor plaintiff Alban Tractor Co.

James C. McKay and George Blow, Washington, D. C., for defendant.

HOLTZOFF, District Judge.

This is an action to recover damages caused to a combined trailer, bulldozer and earth scraper, as a result of their being struck by the defendant's train at a railroad crossing on which this machinery was stalled. After a trial on the merits, the jury rendered a verdict in favor of the plaintiff Miller in the sum of $12,350; and in favor of the intervenor plaintiff, Alban Tractor Company, which had a financial interest in the equipment,...

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