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PA. R.R. CO. v. VICTORY GLASS, INC.

No. 762.

41 Pa. D. & C. 2d 488 (1966)

The Pennsylvania Railroad Company v. Victory Glass, Inc.

Common Pleas Court of Westmoreland County, Pennsylvania.

November 14, 1966.

Attorney(s) appearing for the Case

Smith, Best & Horn, for plaintiff.

R. Herbert Buchman, for defendants.

KEIM, J., November 14, 1966.

This case comes before the court en banc on defendants' preliminary objections in the nature of a demurrer to plaintiff's complaint in assumpsit.

On March 24, 1961, an employe of plaintiff Pennsylvania Railroad Company, Martin F. Heaps, was injured when the ground along the Pennsylvania Railroad siding near the plant of Victory Glass, Inc., gave way under his feet. Plaintiff railroad paid a total of $23,115.65 to Mr. Heaps as a...

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