KILLEN v. PENNSYLVANIA R.R. CO.


376 Pa. 320 (1954)

Killen v. Pennsylvania Railroad Company, Appellant.

Supreme Court of Pennsylvania.

January 11, 1954.


Attorney(s) appearing for the Case

Bruce R. Martin, with him Dalzell, Pringle, Bredin & Martin, for appellant.

Joseph F. Weis and E.V. Buckley, with them Joseph F. Weis, Jr., Sheriff, Lindsay, Weis & McGinnis and Mercer & Buckley, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE BELL, January 11, 1954:

Each of the judgments is affirmed on the following opinion of Judge O'BRIEN, speaking for the Court en banc.

"Lloyd K. Killen and Mack E. Miller, while in the course of their employment as employees of the United States Postal Service, were riding in a postal mail car on defendant's train in the vicinity of Uhrichsville, Ohio, on the morning of October 27, 1948. The plaintiffs were paying passengers of the defendant...

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