LAW v. READING COMPANY

No. 13760.

312 F.2d 841 (1963)

Anne T. LAW, Administratrix of the Estate of Sewell Robert Dickerson, Appellee, v. READING COMPANY, Appellant, v. UNITED EASTERN COAL SALES CORPORATION, Appellees.

United States Court of Appeals Third Circuit.

Reargued November 21, 1962.

Decided January 21, 1963.


Attorney(s) appearing for the Case

Arthur R. Littleton, Philadelphia, Pa. (Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellant.

Alexander F. Barbieri, Philadelphia, Pa. (Carl M. Mazzocone, Erskine, Barbieri & Sheer, Philadelphia, Pa., on the brief), for plaintiff appellee.

Victor L. Drexel, Philadelphia, Pa. (John B. Hannum, III, Philadelphia, Pa. on the brief), for appellee United Eastern Coal Sales Corp.

Before BIGGS, Chief Judge, McLAUGHLIN, Circuit Judge, and SHERIDAN, District Judge.


McLAUGHLIN, Circuit Judge.

Reading Company owns a trestle in Philadelphia beneath which it has coal bins. The bins extended down from the tracks to about thirteen feet above the ground. Reading leased part of the area, containing forty-eight bins, to United Eastern Coal Sales Corporation. Dickerson, the deceased, was an employee of the latter. On June 9, 1954, he and a coworker had a truck under one of the said leased bins (# 56) and were filling it with coal from...

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