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AULT v. PENNSYLVANIA R.R. CO.

381 Pa. 496 (1955)

Ault, Appellant, v. Pennsylvania Railroad Company.

Supreme Court of Pennsylvania.

April 18, 1955.

Attorney(s) appearing for the Case

Earl J. Schermerhorn, with him Samuel C. Holland, Smith & Schermerhorn, and Reed, Ewing & Ray, for appellants.

Clyde Holt, Jr., with him Clyde Holt, Sr. and Holt & Holt, for appellee.

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

OPINION BY MR. JUSTICE ARNOLD, April 18, 1955:

This is a death and survival action for damages arising out of the death of Clarence B. Ault. The court entered a compulsory nonsuit which it refused to take off, and this appeal followed.

On the 26th day of May, 1952, between 2:00 and 3:00 o'clock P.M., the Ford sedan of Clarence B. Ault and the bodies of himself and his wife were found on the tracks of the Pennsylvania...

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