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KOWALEWSKI v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 1764.

147 F.Supp. 429 (1956)

Pearl H. KOWALEWSKI, widow of Anthony Kowalewski, deceased, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the State of Pennsylvania, Defendant.

United States District Court D. Delaware.

November 30, 1956.

Attorney(s) appearing for the Case

Clement C. Wood (of Allmond & Wood), Wilmington, Del., for plaintiff.

James L. Latchum (of Berl, Potter & Anderson), Wilmington, Del., for defendant.

RODNEY, District Judge.

This is a motion of defendant for summary judgment. The action was instituted in the Superior Court of the State of Delaware and removed to this Court on the ground of diversity of citizenship. The action was brought by the widow against a third party tortfeasor for negligence resulting in the death of the plaintiff's husband. A motion to dismiss the complaint was considered at an earlier stage1 wherein it was held...

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