MILLER v. DELAWARE, LACKAWANNA AND WESTERN R. CO.

No. 197, Docket 24315.

241 F.2d 116 (1957)

Myrtle Mary MILLER, Infant by Edward Miller her Guardian ad Litem, and Edward Miller, Individually, Plaintiffs-Appellants, v. The DELAWARE, LACKAWANNA AND WESTERN RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 14, 1957.


Attorney(s) appearing for the Case

John Francis Noonan, Rochester, N. Y., for plaintiffs-appellants.

Sayles & Evans, and Pierre W. Evans, Elmira, N. Y., for defendant-appellee.

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


LUMBARD, Circuit Judge.

The guardian and father of a nine year old girl sues on behalf of himself and his daughter for injuries which the child sustained when she was struck by a Diesel locomotive on the railroad's right of way near Perkinsville, New York. The railroad is a Pennsylvania corporation and was sued in the federal court because of diversity of citizenship.

There is substantial evidence in the record from which the jury could have found these facts...

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