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DAUGHERTY v. ERIE R.R. CO.

403 Pa. 334 (1961)

Daugherty v. Erie Railroad Company, Appellant.

Supreme Court of Pennsylvania.

April 17, 1961.

Attorney(s) appearing for the Case

Fred C. Kiebort, with him T.A. Sampson, Jr., and Sampson and Sampson, and Humes and Kiebort, for defendant railroad, appellant.

George Hardy Rowley, with him Voorhies, Dilley, Keck & Rowley, for individual defendant, appellant.

Cyril T. Garvey, with him Evans and Garvey, for plaintiff, appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE MUSMANNO, April 17, 1961:

Ellis L. Daugherty was a passenger in an automobile being operated by Norma Lee Novak over the Clark Street Crossing in Sharon, which crossing was blocked by a stationary railroad car of the Erie Railroad Company. The automobile collided with the railroad car and Ellis Daugherty was seriously injured. He brought a suit in trespass against the Erie Railroad Company and Miss Novak...

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