SLATER v. ERIE-LACKAWANNA RAILROAD COMPANY

No. 17664.

411 F.2d 1015 (1969)

Betty L. SLATER and Harley D. Slater, her husband, Appellants, v. ERIE-LACKAWANNA RAILROAD COMPANY, a corporation.

United States Court of Appeals Third Circuit.

Decided May 29, 1969.


Attorney(s) appearing for the Case

William S. Schweers, Harrington, Feeney & Schweers, Pittsburgh, Pa., for appellants.

Gary F. Sharlock, Mercer & Buckley, Pittsburgh, Pa., for appellee.

Before HASTIE, Chief Judge, and FREEDMAN and STAHL, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

This tragic grade crossing accident occurred at 3 o'clock in the morning on March 20, 1966 at Greenville, Pennsylvania, when the automobile occupied by the wife-plaintiff was struck by defendant's train of some seventy cars.

The case comes to us in a rather unusual procedural circumstance. After a pretrial conference the defendant moved for summary judgment, which the District Court granted on the basis of the depositions...

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