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POMEROY v. PENNSYLVANIA RAILROAD

No. 12104.

223 F.2d 593 (1955)

Robert Livingston POMEROY, Executor, Estate of Elizabeth Eagan Pomeroy, Appellant, v. PENNSYLVANIA RAILROAD, a corporation, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 1955.

Attorney(s) appearing for the Case

Mr. Hyman Smollar, Washington, D. C., for appellant.

Mr. James H. McGlothlin, Washington, D. C., with whom Mr. James C. McKay, Washington, D. C., was on the brief, for appellee.

Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.

BAZELON, Circuit Judge.

Sixty-nine year old Mrs. Pomeroy and her husband were passengers on a Pennsylvania Railroad train en route from Trenton, New Jersey, to Washington, D. C. About five minutes before the train reached the station in Washington, she told her husband that she felt warm and was going to the vestibule of the car to get some air. She walked toward the rear of the car and was never again seen alive. Later, her body was found on the tracks about 2½...

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