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DE MAREE v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 1589.

147 F.Supp. 656 (1956)

Samuel W. DE MAREE, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation of the Commonwealth of Pennsylvania, Defendant and Third-Party Plaintiff, Brann & Stuart Company, a corporation of the Commonwealth of Pennsylvania, Third-Party Defendant.

United States District Court D. Delaware.

December 12, 1956.

Attorney(s) appearing for the Case

Aubrey B. Lank (of Logan, Marvel Boggs & Theisen), Wilmington, Del., and Sabato M. Bendiner, Philadelphia, Pa., for plaintiff.

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

RODNEY, District Judge.

This is a diversity case and the present questions arise from the defendant railroad's motion for summary judgment and for dismissal of the first count of the complaint.

The action is a result of an accident happening at Marcus Hook, Pennsylvania on January 30, 1953. The first count is based upon the Federal Employers' Liability Act.1

The facts generally are these:

The defendant, Pennsylvania...

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