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JOHNSON v. BALTIMORE & O. R. CO.

Civ. No. 8409.

106 F.Supp. 166 (1952)

JOHNSON v. BALTIMORE & O. R. CO.

United States District Court, W. D. Pennsylvania.

June 20, 1952.

Attorney(s) appearing for the Case

Paul J. McArdle, and John Duggan, Jr., Pittsburgh, Pa., for plaintiff.

Marvin D. Power, of the law firm of Margiotti & Casey, Pittsburgh, Pa., for defendant.

MARSH, District Judge.

This is an action for the wrongful death of one George Johnson brought by the administratrix of his estate under the Survival Act.1 At the first trial the jury was unable to reach a verdict and was discharged. The result of the second trial was a verdict in favor of the plaintiff in the amount of $10,000. Defendant filed a motion for judgment and for a new trial.

We are of the opinion that judgment for the...

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