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MANDEL v. PENNSYLVANIA RAILROAD COMPANY

No. 379, Docket 26830.

291 F.2d 433 (1961)

Freida MANDEL and Sam Mandel, Plaintiffs-Appellees, v. PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided May 23, 1961.

On Petition for Rehearing July 17, 1961.

Attorney(s) appearing for the Case

James S. Rowen, New York City (Conboy, Hewitt, O'Brien & Boardman, New York City, on the brief), for defendant-appellant.

Harris Birnbaum, Brooklyn, N. Y. (Lester E. Mosher, Brooklyn, N. Y., on the brief), for plaintiffs-appellees.

Before LUMBARD, Chief Judge, and HINCKS and MOORE, Circuit Judges.

PER CURIAM.

Mr. and Mrs. Mandel were passengers on one of defendant's trains, en route from New York City to Hot Springs, Arkansas, when the accident which gave rise to this action occurred. Near 1 a.m., Mrs. Mandel, while walking to the ladies' lavatory in the rear of the car, fell and was injured. Alleging that her fall was caused by the wet and slippery condition of the car's floor, the inadequacy of lighting, the manner in which the train was operated, and its...

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