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KLEPAL v. PENNSYLVANIA RAILROAD COMPANY

No. 200, Docket 23697.

229 F.2d 610 (1956)

Larry KLEPAL, as Administrator of the Goods, Chattels and Credits of Larry Klepal, Deceased, Plaintiff-Appellee, v. PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 30, 1956.

Attorney(s) appearing for the Case

Sidney J. Ungar, New York City (Norman N. Liben, New York City, on the brief), for plaintiff-appellee.

Joseph P. Allen, New York City (Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for defendant-appellant.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.

CLARK, Chief Judge.

This is an action for wrongful death removed from the New York State Supreme Court because of the diverse citizenship of the parties and tried before Judge Weinfeld without a jury. The dismembered body of plaintiff-administrator's decedent was found beside the tracks of defendant railroad in the Sunnyside yards, Astoria, Queens, New York. Death allegedly resulted from the negligent operation of one of defendant's trains. Judge Weinfeld's opinion...

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