JOHNSTONE v. READING COMPANY

No. 12153.

248 F.2d 71 (1957)

Vera G. JOHNSTONE, Administratrix of the Estate of Carroll D. Hague, Deceased, Appellant, v. The READING COMPANY.

United States Court of Appeals Third Circuit.

Decided September 3, 1957.


Attorney(s) appearing for the Case

B. Nathaniel Richter, Philadelphia, Pa. (Meyer Aaron Bushman, Richter, Lord & Levy, Philadelphia, Pa., on the brief) for appellant.

Richard P. Brown, Jr., Philadelphia, Pa. (Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, McLAUGHLIN and KALODNER, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The trial judge directed a verdict in favor of the defendant railroad in this negligence suit which arose out of a grade crossing accident. Plaintiff appeals.

Plaintiff's decedent, Carroll D. Hague, on May 12, 1954, was employed at the Empire Steel Castings plant, Muhlenberg Township, Pennsylvania. Around 3:30 P.M., Daylight Saving Time, having finished his shift, he, in his automobile, proceeded north on Frush Valley Road from the...

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