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SABO v. READING COMPANY

No. 12075.

244 F.2d 692 (1957)

Lawrence J. SABO, Administrator of the Estate of James Scott, Jr., Deceased, Appellant, v. READING COMPANY, (Bethayres Concrete Products Company, Inc.)

United States Court of Appeals Third Circuit.

Decided May 15, 1957.

Attorney(s) appearing for the Case

Walter E. Alessandroni, Philadelphia, Pa., for appellant.

William C. Schultz, Jr., Philadelphia, Pa. (Richard P. Brown, Jr., Henry R. Heebner, Philadelphia, Pa., on the brief), for appellee, Reading Co.

Morgan, Lewis & Bockius, Philadelphia, Pa. (Thomas E. Byrne, Jr., Philadelphia, Pa., on the brief. Krusen, Evans & Shaw, Philadelphia, Pa., of counsel), for appellee, Bethayres Concrete Products Co., Inc.

Before MARIS, McLAUGHLIN and STALEY, Circuit Judges.

STALEY, Circuit Judge.

Appellant's decedent, James Scott, Jr., was killed by a rapidly moving passenger train of the Reading Company at 8 o'clock on the foggy morning of January 20, 1954. This is an appeal from the judgment of the district court, sitting without a jury, in favor of defendant. The court concluded that decedent was contributorily negligent and the Reading Company free from wanton or willful misconduct. Jurisdiction is based upon diversity of citizenship...

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