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PETREKOVICH v. PENNSYLVANIA RAILROAD CO.

No. 7156.

233 F.2d 948 (1956)

Frank PETREKOVICH, Administrator of the Estate of Thomas Richtoric, Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 19, 1956.

Attorney(s) appearing for the Case

Charles D. Bell, Wellsburg, W. Va. (J. P. McMullen, Jr., Wellsburg, W. Va., on brief), for appellant.

Russell B. Goodwin, Wheeling, W. Va. (C. Lee Spillers and Charles P. Mead, Wheeling, W. Va., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from a judgment for defendant on a directed verdict in an action for wrongful death against a railroad company. Decedent was killed as a result of being struck by a train while walking on a trestle. The trial judge directed a verdict on the ground that the evidence showed that decedent was guilty of negligence in going upon the trestle. The question presented by the appeal is whether, notwithstanding such negligence on the part...

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