McDONALD v. PENNSYLVANIA R. CO.

Nos. 10996, 11021.

210 F.2d 524 (1954)

McDONALD v. PENNSYLVANIA R. CO. et al. (two cases).

United States Court of Appeals Third Circuit.

Decided March 4, 1954.


Attorney(s) appearing for the Case

Harry R. Axelroth, Philadelphia, Pa. (Daniel J. McCauley, Jr., Axelroth & Porteous, Philadelphia, Pa., on the brief), for appellant, S. J. Groves & Sons Co., Inc.

B. Nathaniel Richter, Philadelphia, Pa. (Richter, Lord & Farage, Philadelphia, Pa., on the brief), for appellant, Ella M. McDonald, Executrix Jasper R. McDonald's Estate.

Philip Price, Philadelphia, Pa. (Robert M. Landis, Philadelphia, Pa., Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for Pennsylvania R. Co.

Before BIGGS, Chief Judge, and McLAUGHLIN and STALEY, Circuit Judges.


BIGGS, Chief Judge.

McDonald, an engineman1 employed by the Pennsylvania Railroad Company, was killed in a collision at a grade crossing near King of Prussia, Pennsylvania, on or about May 19, 1950. The locomotive he was driving collided with the projecting boom of a very large self-propelled truck crane, owned by S. J. Groves and Sons Company, Inc., a Minnesota corporation, the truck crane having stalled while crossing the railroad's...

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