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BOLLER v. PENNSYLVANIA RAILROAD COMPANY

Civ. No. 2166.

185 F.Supp. 505 (1960)

Jo Ellen BOLLER and Lawrence E. Timmons, Administrators of the Estate of Robert E. Corcoran, deceased, Plaintiffs, v. PENNSYLVANIA RAILROAD COMPANY, a corporation, Defendant Third Party Plaintiff v. PLYMOUTH CANNING COMPANY, Inc., a corporation, and Plymouth Canning Company, a co-partnership, Third Party Defendants.

United States District Court N. D. Indiana, South Bend Division.

July 28, 1960.

Attorney(s) appearing for the Case

Miller & Babcock, Logansport, Ind., M. E. Doran and John Doran of Doran, Manion, Boynton & Kamm, South Bend, Ind., for plaintiffs.

S. J. Crumpacker and George N. Beamer, of Crumpacker, May, Beamer, Levy & Searer, South Bend, Ind., for defendant Pennsylvania R. Co.

Roland Obenchain, Sr., and Roland Obenchain, Jr., of Jones, Obenchain, Johnson, Ford & Pankow, South Bend, Ind., for third-party defendants Plymouth Canning Co., Inc., a corporation, and Plymouth Canning Co., a copartnership.

GRANT, District Judge.

The matter presently before this Court is the pre-trial motion of the Pennsylvania Railroad Company for rulings of law. The particular portion thereof, which this order treats, is as follows:

"5. The measure of damages is (a) the cash value determined as of February 1, 1956, of the pecuniary benefits which Constance Lou Corcoran might reasonably have expected to receive from Robert E. Corcoran had he lived but (b) limited, however,...

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