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WAGNER v. NEW YORK, ONTARIO AND WESTERN RAILWAY

Civ. A. No. 5364.

146 F.Supp. 926 (1956)

Charles WAGNER and Bridget Wagner, his wife, Plaintiffs, v. NEW YORK, ONTARIO AND WESTERN RAILWAY, Defendant.

United States District Court M. D. Pennsylvania.

November 20, 1956.

Attorney(s) appearing for the Case

James D. Stone, Walter W. O'Hara Carbondale, Pa., for plaintiffs.

Paul Bedford, Wilkes-Barre, Pa., for defendant.

JOHN W. MURPHY, Chief Judge.

In this diversity action plaintiffs seek to recover for property damages and injuries sustained in a grade crossing accident. Pennsylvania law determines the substantive rights and obligations of the parties. Erie R. Co. v. Tompkins, 1938, 304 U.S. 64, at page 78, 58 S.Ct. 817, at page 822, 82 L.Ed. 1188, and see Smith v. Piper Aircraft Corp., D.C.M.D. Pa.1955...

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