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CUDDY v. WESTERN MARYLAND RAILWAY

Civ. A. No. 7005.

229 F.Supp. 443 (1963)

Janet Marie CUDDY, Administratrix of the Estate of James R. Cuddy, Jr., Deceased, Plaintiff, v. WESTERN MARYLAND RAILWAY, Defendant.

United States District Court M. D. Pennsylvania.

December 6, 1963.

Attorney(s) appearing for the Case

David F. Binder, Bernstein, Bernstein, Levy & Harrison, Philadelphia, Pa., Martin H. Philip, Palmerton, Pa., for plaintiff.

Paul S. Parsons, Baltimore, Md., Anderson, Ports, May, Beers & Blakey, York, Pa., for defendant.

FOLLMER, District Judge.

This case was tried to a jury and resulted in a verdict for plaintiff in the sum of $40,000.00. The matter is now before the Court on motion of defendant for judgment notwithstanding the verdict or for a new trial.

The Complaint alleges that decedent, Cuddy, while in the employ of defendant as an engineman and while in and about the premises of defendant, on or about November 15, 1958 was shot and killed by one James T. Haney, likewise...

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