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TOMASEK v. MONONGAHELA RWY. CO.

427 Pa. 371 (1967)

Tomasek, Appellant, v. Monongahela Railway Company.

Supreme Court of Pennsylvania.

November 14, 1967.

Attorney(s) appearing for the Case

Herman M. Buck, with him Harry Humbert, and Ray, Buck, John & Hook, for appellant.

Fred C. Adams, with him Coldren & Adams, for appellants.

Herbert Margolis, for appellant.

Thomas A. Waggoner, for appellee.

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

OPINION BY MR. JUSTICE JONES, November 14, 1967:

On January 28, 1963, Harry E. Tomasek (decedent) was operating his motor vehicle in an easterly direction on the Republic-New Salem highway in Fayette County and in the front seat of that motor vehicle were Tomasek's wife, Marlene Tomasek, and his brother, William Tomasek. At approximately 8:40 p.m., while the Tomasek motor vehicle was entering upon a grade railway crossing of the Monongahela Railway Company (Railway...

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