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PENNSYLVANIA RAILROAD COMPANY v. POMEROY

No. 12912.

239 F.2d 435 (1956)

The PENNSYLVANIA RAILROAD COMPANY, Appellant, v. Robert Livingston POMEROY, Executor of the Estate of Elizabeth Eagan Pomeroy, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 15, 1956.

Petition for Rehearing Denied January 2, 1957.

Attorney(s) appearing for the Case

Mr. James C. McKay, Washington, D. C., with whom Messrs. Hugh B. Cox, James H. McGlothlin and Harold M. Willcox, Washington, D. C., were on the brief, for appellant.

Mr. Hyman Smollar, Washington, D. C., with whom Mrs. Norma G. Zarky, Washington, D. C., was on the brief, for appellee.

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

WASHINGTON, Circuit Judge.

This case involves the question of the liability of a railroad for the disappearance and death of a passenger. The appellee Pomeroy (hereinafter referred to as plaintiff) sued in the District Court to recover damages under Section 16-1201 of the District of Columbia Code 1951, alleging that the death of his wife was caused by the negligence of the appellant railroad company. At the conclusion of...

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