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BYRNE v. PENNSYLVANIA RAILROAD COMPANY

No. 12596.

262 F.2d 906 (1958)

Elisabeth BYRNE, Administratrix of the Estate of Joe G. IRBY, Deceased, v. PENNSYLVANIA RAILROAD COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided December 16, 1958.

As Amended on Denial of Rehearing January 9, 1959.

Attorney(s) appearing for the Case

Theodore Voorhees, Philadelphia, Pa. (Philip Price, Matthew J. Broderick, Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellant.

B. Nathaniel Richter, Philadelphia, Pa. (Charles A. Lord, Seymour I. Toll, Richter, Lord & Levy, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and MARIS and GOODRICH, Circuit Judges.

BIGGS, Chief Judge.

This suit, based first on the Federal Employers' Liability Act, 35 Stat. 65-66 (1908), as amended 53 Stat. 1404-1405 (1939), 45 U.S.C.A. §§ 51-60 and second on the Wrongful Death and Survival Statute of the State of Delaware, 10 Del. Code Ann. § 3704 (1953),1 was brought by Irby's administratrix to recover damages for his death which occurred on January 7, 1953.

It is clear that at the time of...

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