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PENNSYLVANIA RAILROAD CO. v. ERIE AVENUE WAREHOUSE CO.

Civ. A. No. 23930.

193 F.Supp. 471 (1960)

PENNSYLVANIA RAILROAD COMPANY, Third-Party Plaintiff, v. ERIE AVENUE WAREHOUSE CO., Third-Party Defendant.

United States District Court E. D. Pennsylvania.

On Motions April 11, 1961.

Attorney(s) appearing for the Case

Raymond W. Midgett, Jr., of Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., for third-party plaintiff.

Joseph J. Murphy, Philadelphia, Pa., for third-party defendant.

VAN DUSEN, District Judge.

I. History of the Case

On January 14, 1958, the original plaintiff, Alma M. Day, Administratrix of the Estate of Edward S. Day, brought suit against The Pennsylvania Railroad Company under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq. Her complaint alleged that her husband died as a result of injuries received when he was crushed in a close clearance because of the Railroad's negligence (Exhibit P-2, N.T....

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