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O'BRIEN v. PENNSYLVANIA RAILROAD COMPANY

184 F.Supp. 305 (1960)

Mrs. Herbert W. O'BRIEN, Plaintiff, v. PENNSYLVANIA RAILROAD COMPANY, Defendant.

United States District Court S. D. New York.

May 26, 1960.

Attorney(s) appearing for the Case

Max J. Gwertzman, New York City, for plaintiff.

Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant. Herbert J. Kaplow, New York City, of counsel.

DAWSON, District Judge.

This case was tried by the Court without a jury.

The action is one by a passenger on the Pennsylvania Railroad for loss of baggage entrusted to a "Red Cap" at the Pennsylvania Station. Plaintiff's testimony was taken by deposition and the deposition was read, it being established that she was not within 100 miles of New York City.

The Court finds the following facts:

Plaintiff came to the Pennsylvania Terminal, in New...

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