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GAITHER v. CANADIAN NATIONAL RAILWAY CO.

Civ. No. 19098.

174 F.Supp. 927 (1959)

Loyola B. GAITHER, Plaintiff, v. CANADIAN NATIONAL RAILWAY CO. and Lehigh Valley Railroad Company, Defendants.

United States District Court E. D. New York.

July 6, 1959.

Attorney(s) appearing for the Case

Herbert Ginzburg, Staten Island, N. Y., for plaintiff.

Jose R. De Capriles, New York City, for defendant Lehigh Valley Railroad Co.

Bleakley, Platt, Walker, Hart & Fritz, New York City, for defendant Canadian National Railway Co.

ZAVATT, District Judge.

The plaintiff moves for leave to amend her complaint to allege, inter alia, the breach by the Canadian National Railway Co. of an obligation to provide the plaintiff with proper and safe accommodations according to the terms of her passage from New York City to Vancouver, B. C., as the result of which the plaintiff claims to have suffered the injuries for which she sues.

The defendant, relying upon Louisville & N. R. Co. v. Chatters...

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