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CAGE v. NEW YORK CENTRAL RAILROAD COMPANY

Civ. A. No. 1141.

276 F.Supp. 778 (1967)

Dale C. CAGE, Administrator of the Estate of Carolyn Sue Cage and Dale C. Cage, Administrator of the Estate of Antoinette E. Cage, and Dale C. Cage, Plaintiff, v. NEW YORK CENTRAL RAILROAD COMPANY, a corporation, Defendant and Third-Party Plaintiff, v. Dale C. CAGE, Administrator of the Estate of Carolyn Sue Cage, Third-Party Defendant.

United States District Court W. D. Pennsylvania.

February 3, 1967.

Attorney(s) appearing for the Case

Leonard Price, Louis M. Tarasi, Jr., Pittsburgh, Pa., James D. Loesch, Erie, Pa., for plaintiff.

Irving O. Murphy, Erie, Pa., for defendant and third-party plaintiff.

John G. Gent, Erie, Pa., for third-party defendant.

OPINION

WEBER, District Judge.

This wrongful death and survival action arises out of a collision between an automobile and a train on the Pittsburgh Avenue grade crossing at the western limits of the City of Erie. The jury by special interrogatories found the decedent driver contributorily negligent but found the railroad guilty of wanton and wilful misconduct and awarded damages to plaintiff administrator for...

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