POFF v. PENNSYLVANIA R. CO.

Civil Action No. 3556.

57 F.Supp. 625 (1944)

POFF v. PENNSYLVANIA R. CO.

District Court, E. D. New York.

November 29, 1944.


Attorney(s) appearing for the Case

William J. Carey, of New York City (Morris A. Wainger, of New York City, of counsel), for plaintiff.

Burlingham, Veeder, Clark & Hupper, of New York City, for defendant.


GALSTON, District Judge.

The matter for decision is a motion made by the defendant to set aside the verdict rendered by the jury for the plaintiff in the sum of $8,500 on the ground that Helen C. Poff is not authorized to maintain an action for her own benefit in circumstances which show that there are nearer surviving relatives of the deceased.

The action is under the Federal Employers' Liability Act, Title 45 U.S.C.A. §§ 51-60. The decedent died...

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