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LYNCH v. CONSOLIDATED RAIL CORP.

No. 77 CIV. 934(MP).

439 F.Supp. 110 (1977)

Rosaleen LYNCH, Plaintiff, v. CONSOLIDATED RAIL CORPORATION and National Railroad Passenger Corporation, Defendants.

United States District Court, S. D. New York.

September 1, 1977.

Attorney(s) appearing for the Case

Joseph Lloyd Barnett, New York City, for plaintiff.

Bleakley, Platt, Schmidt & Fritz, New York City, for defendants; by Robert L. Conkling, Robert P. Shaughnessy, and Christopher G. FitzPatrick, New York City, of counsel.

DECISION

POLLACK, District Judge.

This is a diversity case heard at a Bench trial. Plaintiff claims that she was injured through negligence of defendants on a train platform at defendants' Pennsylvania Station in New York City while attempting to board Train No. 223, a commuter train scheduled to depart at 5:32 P.M., on September 10, 1976, a Friday afternoon, bound for Philadelphia.

At about 5:00 P.M., it was announced that the scheduled departure...

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