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HAY v. B. & O. RAILROAD CO.

415 Pa. 190 (1964)

Hay, Appellant, v. Baltimore & Ohio Railroad Co., Appellant.

Supreme Court of Pennsylvania.

July 31, 1964.

Attorney(s) appearing for the Case

Leland W. Walker, with him Walker and Kimmel, for plaintiff.

Nathaniel A. Barbera, with him Shaver and Barbera, for defendant.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION PER CURIAM, July 31, 1964:

Ray E. Hay and Ruby P. Hay, his wife (Hay) commenced an action of trespass against Baltimore and Ohio Railroad Company (Railroad), alleging that Railroad's negligent spraying of its right-of-way caused the death of some of Hay's cattle.

A jury trial resulted in a verdict for Hay in the amount of $6,500.* Railroad moved for judgment n.o.v. and for a new...

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