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PENNSYLVANIA RAILROAD CO. v. ERIE AVENUE WAREHOUSE CO.

No. 13618.

302 F.2d 843 (1962)

The PENNSYLVANIA RAILROAD COMPANY, Third-Party Plaintiff, Appellee, v. ERIE AVENUE WAREHOUSE CO., Third-Party Defendant, Appellant.

United States Court of Appeals Third Circuit.

Decided May 2, 1962.

Attorney(s) appearing for the Case

Joseph J. Murphy, Philadelphia, Pa. (George D. Sheehan, Murphy & Sheehan, Philadelphia, Pa., on the brief), for appellant.

Raymond W. Midgett, Jr., Philadelphia, Pa. (Barnes, Dechert, Price, Myers & Rhoads, Philadelphia, Pa., on the brief), for appellee.

Before KALODNER, HASTIE and GANEY, Circuit Judges.

HASTIE, Circuit Judge.

This litigation began as a wrongful death action under the Federal Employers' Liability Act by the administratrix of the estate of Edward Day against the Pennsylvania Railroad. While working for the defendant railroad as a brakeman, Day had been crushed to death between a moving train and a wall on the premises of Erie Avenue Warehouse Co., where the railroad serviced a siding. A third-party claim, filed by the railroad, a citizen of Pennsylvania...

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