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CLARKE v. PENNSYLVANIA RAILROAD COMPANY

No. 244, Docket 26157.

341 F.2d 430 (1965)

Florence M. CLARKE, Plaintiff-Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 5, 1965.

Attorney(s) appearing for the Case

Joseph Dean Edwards, New York City (John J. Tomich, New York City, William J. Troy, Seaford, N. Y., John R. Weigel, Newark, N. J., on the brief), for plaintiff-appellant.

Conboy, Hewitt, O'Brien & Boardman, New York City (Thomas V. McMahon, Lawrence W. Middleton, New York City, of counsel), for defendant-appellee.

Before FRIENDLY and SMITH, Circuit Judges, and BLUMENFELD, District Judge.

FRIENDLY, Circuit Judge:

More than ten years after plaintiff's alleged injury by the defendant railroad and seven years after her suit was brought, the one question passed on and now here for review is whether her action was begun eight months too late. We think it was not.

Plaintiff, a New York resident, boarded a Pennsylvania Railroad train in New Brunswick, N. J. for transportation to New York City on September 27, 1954. The injury she allegedly suffered...

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