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O'NEILL v. READING COMPANY

No. 13619.

306 F.2d 204 (1962)

James A. O'NEILL, Administrator of the Estate of Earl F. Smith, Deceased, Appellant, v. READING COMPANY.

United States Court of Appeals Third Circuit.

Decided July 3, 1962.

Attorney(s) appearing for the Case

B. Nathaniel Richter, Philadelphia, Pa. (B. Nathaniel Richter, Kenneth Syken, Arthur G. Raynes and Richter, Lord & Levy, Philadelphia, Pa., on the brief), for appellant.

Thomas Raeburn White, Jr., Philadelphia, Pa. (Jan E. DuBois and White & Williams, Philadelphia, Pa., on the brief), for appellee.

Before KALODNER, STALEY and SMITH, Circuit Judges.

KALODNER, Circuit Judge.

Earl F. Smith ("decedent") was killed when the pickup truck that he was driving collided with a train of the defendant, Reading Company, at a crossing in Topton, Pennsylvania. Plaintiff, as administrator of decedent's estate, brought this suit in the District Court for the Eastern District of Pennsylvania to recover damages under the Pennsylvania Wrongful Death and Survival Acts. Judgment was entered in favor of defendant pursuant to the finding...

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