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RIESBERG v. PGH. & L.E. RAILROAD

407 Pa. 434 (1962)

Riesberg, Appellant, v. Pittsburgh & Lake Erie Railroad.

Supreme Court of Pennsylvania.

May 3, 1962.

Attorney(s) appearing for the Case

Chauncey Pruger, with him Reed, Smith, Shaw & McClay, for appellant.

David M. Kaufman, with him Sachs, Pervin, Kaufman & Menzer, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, May 3, 1962:

The background of these appeals, involving questions of both contributory negligence and negligence, is an accident wherein a train collided with an automobile at a railroad crossing.

On July 23, 1955, and for some years prior thereto, the Pittsburgh & Lake Erie Railroad Company (Rail-road) owned and maintained a railroad crossing, known as the River Road Crossing...

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