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ELY v. READING COMPANY

No. 18150.

424 F.2d 758 (1970)

Eleanor ELY, Administratrix of the Estate of Elmer L. Ely, Deceased, Appellant, v. READING COMPANY.

United States Court of Appeals, Third Circuit.

Decided April 9, 1970.

Attorney(s) appearing for the Case

Matthew J. Ryan, III, O'Brien, Anderson, McCrudden & Parris, Philadelphia, Pa. (Cornelius C. O'Brien, Jr., Philadelphia, Pa., Davis, Katz, Buzgon & Davis, Lebanon, Pa., on the brief), for appellant.

William J. Taylor, Morgan, Lewis & Bockius, Philadelphia, Pa., for appellee.

Before FORMAN, SEITZ and ADAMS, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

On December 9, 1963, the late Elmer Ely, accompanying his fellow employee, Benjamin Johnson a signal maintainer, proceeded by truck to Landis Siding, Pennsylvania, where they had been sent by their employer, Reading Company, to check a report that an automatic block signal was not operating properly. Landis Siding runs off Reading Company's three track east-west main line...

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