DAVENPORT, Trustee, et al. v. PA. R.R. CO.


364 Pa. 202 (1950)

Davenport, Trustee, et al. v. Pennsylvania Railroad Company, Appellant.

Supreme Court of Pennsylvania.

March 20, 1950.


Attorney(s) appearing for the Case

Owen B. Rhoads, with him F. Hastings Griffin, Jr., and Barnes, Dechert, Price & Myers, for appellant.

Richardson Dilworth, with him James A. Sutton, Aaron M. Fine and Paxson, Kalish, Dilworth & Green, for appellee.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, March 20, 1950:

This is an appeal from the refusal of defendant's motion for judgment n.o.v. in an action for wrongful death.

Viewed in the light most favorable to the plaintiff, the facts are recited in the opinion of Judge LEVINTHAL in the court below:

"The defendant, Pennsylvania Railroad Company, owned a siding constructed on a coal trestle on premises owned by it and leased to J.M. Bruner & Company...

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