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PATTON v. BALTIMORE & O. R. CO.

Nos. 10571, 10579.

197 F.2d 732 (1952)

PATTON v. BALTIMORE & O. R. CO. (DUQUESNE SLAG PRODUCTS CO., third party defendant) (two cases).

United States Court of Appeals Third Circuit.

Decided June 23, 1952.

Attorney(s) appearing for the Case

Marvin D. Power, Pittsburgh, Pa. (Margiotti & Casey, Pittsburgh, Pa., on the brief), for B. & O.

Thomas Raeburn White, Philadelphia, Pa. (William H. Peace, II, White, Williams & Scott, of Philadelphia, Pa., Prichard, Lawler, Malone & Geltz, Pittsburgh, Pa., on the brief), for Duquesne.

James P. McArdle, Pittsburgh, Pa. (P. J. McArdle, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, HASTIE, Circuit Judge, and HARTSHORNE, District Judge.

BIGGS, Chief Judge.

The plaintiff, as administratrix of the estate of her husband, John B. Patton, and as trustee ad litem for her own benefit and for the benefit of the five minor Patton children, brought suit against the Baltimore & Ohio Railroad Company seeking compensation for the death of her husband as a result of negligence on the part of the defendant with respect to the maintenance of brakes on its railroad cars.

Suit was first instituted in the...

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