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CONNER v. PENNSYLVANIA RAILROAD COMPANY

No. 12676.

263 F.2d 944 (1959)

Ray CONNER, Administrator of the Estates of Esther Benedetto, Emily D'Ascenzo, Joseph D'Ascenzo, Jr., and Donna D'Ascenzo, Deceased, Appellant, v. PENNSYLVANIA RAILROAD COMPANY.

United States Court of Appeals Third Circuit.

Decided February 12, 1959.

Attorney(s) appearing for the Case

Edward W. Furia, Philadelphia, Pa. (Furia & DiCintio, Philadelphia, Pa., on the brief), for appellant.

Robert M. Landis, Philadelphia, Pa. (Matthew J. Broderick, Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellee, Pennsylvania R. R. Co.

Before BIGGS, Chief Judge, and McLAUGHLIN and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

The four decedents of plaintiff-appellant were passengers in an automobile which was struck by the first car of a three car train of defendant-appellee on Bishop Avenue, between the towns of Primos and Secane, Delaware County, Pennsylvania, January 31, 1956. Three of the passengers and the driver of their car were killed in the collision. The fourth passenger was fatally hurt and died within an hour.

All four cases were given to...

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