STEVENSON v. PENNSYLVANIA RAILROAD COMPANY

No. 66 Civ. 1837.

291 F.Supp. 364 (1968)

Isabelle STEVENSON, John A. Stevenson and Laura H. Stevenson, Plaintiffs, v. The PENNSYLVANIA RAILROAD COMPANY, Defendant.

United States District Court S. D. New York.

October 23, 1968.


Attorney(s) appearing for the Case

Emile Z. Berman and A. Harold Frost, New York City, for plaintiffs; Emile Z. Berman, Marvin Ausubel, New York City, of counsel.

Conboy, Hewitt, O'Brien & Boardman, New York City, for defendant; David J. Mountan, Jr., New York City, of counsel.


OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

WEINFELD, District Judge.

Upon all the evidence, I find that the plaintiffs have sustained their burden of proof that the defendant was negligent. I accept the testimony of James F. Higgins as credible and truthful. Higgins, an employee of the New York, New Haven and Hartford Railroad, was walking some six or seven feet behind Robert Johnson, Jr., the defendant's baggage porter, and clearly saw the events...

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