PATTON v. BALTIMORE & OHIO R. CO.

Civ. A. 8634.

99 F.Supp. 455 (1951)

PATTON et al. v. BALTIMORE & OHIO R. CO. (Duquesne Slag Products Co., third-party defendant).

United States District Court W. D. Pennsylvania.

August 28, 1951.


Attorney(s) appearing for the Case

James P. McArdle, of Pittsburgh, Pa., for plaintiff.

Marvin D. Power, Margiotti & Casey, of Pittsburgh, Pa., for defendant Baltimore & Ohio R. Co.

Donald M. Bane, Prichard, Lawler, Malone & Geltz, of Pittsburgh, Pa., for defendant Duquesne Slag Products Co.


BURNS, District Judge.

Four slag cars, which were owned by defendant ("B & O") and which were being unloaded by third-party defendant ("Duquesne"), while parked on a down-grade, began to roll downhill and crashed into other cars at the foot of the slope. John Patton, who was working at the bottom of that hill, was killed instantly. Alleging negligence and violation of the federal Safety Appliance Act, 45 U.S.C.A. § 1ff., Patton's widow filed the complaint...

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