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POMEROY v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 3452-51.

132 F.Supp. 257 (1955)

Robert Livingston POMEROY, Executor of the Estate of Elizabeth Eagan Pomeroy, Deceased, Plaintiff, v. PENNSYLVANIA RAILROAD COMPANY, a corporation, Defendant.

United States District Court District of Columbia.

July 6, 1955.

Attorney(s) appearing for the Case

Hyman Smollar, Washington, D. C., for plaintiff.

James C. McKay and Harold M. Willcox, Washington, D. C., for defendant.

PINE, District Judge.

Robert Livingston Pomeroy, executor of the estate of his deceased wife, Elizabeth Eagan Pomeroy, sued the Pennsylvania Railroad Company for damages on account of her death by wrongful act, Section 16-1201 et seq., D.C.Code 1951. After verdict for plaintiff, defendant moved for a judgment notwithstanding the verdict or in the alternative for a new trial, and these are the motions presently before me.

At the trial, plaintiff called three...

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