NISSLEY v. PENNSYLVANIA RR. CO.


435 Pa. 503 (1969)

Nissley v. Pennsylvania Railroad Company, Appellant.

Supreme Court of Pennsylvania.

September 9, 1969.


Attorney(s) appearing for the Case

George J. Miller, with him Harvey Bartle, III, and Dechert, Price & Rhoads, for appellant.

Arthur G. Raynes, with him Charles A. Lord, and Richter, Lord, Toll, Cavanaugh, McCarty & Raynes, for appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.


OPINION BY MR. JUSTICE JONES, September 9, 1969:

On November 1, 1960, Kenneth N. Nissley, who was employed as a trainman by the Pennsylvania Railroad at its yards in Enola, Pennsylvania, wrenched his back while chasing a runaway box car. On May 24, 1961, Nissley died of aleukemic leukemia. The present action,1 which was instituted against the Railroad by Nissley's widow as administratrix of his estate, is based on the theory that Nissley...

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