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McGRATH v. ERIE LACKAWANNA RAILROAD COMPANY

No. 19402.

460 F.2d 1312 (1972)

Karen E. McGRATH, Administratrix ad prosequendum of the Estate of Donald V. McGrath, Deceased, v. ERIE LACKAWANNA RAILROAD COMPANY, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 11, 1972.

Attorney(s) appearing for the Case

Charles W. Hutchinson, Lamb, Blake, Hutchinson & Dunne, Jersey City, N. J., for appellant.

Peter N. Perretti, Jr., Riker, Danzig, Scherer & Brown, Newark, N. J., for appellee.

Before KALODNER, STALEY and ADAMS, Circuit Judges.

OPINION OF THE COURT

STALEY, Circuit Judge.

This case comes to us upon the appeal by defendant below, Erie Lackawanna Railroad Company ("Erie"), from a judgment in the amount of $340,000 in favor of plaintiff-appellee. The action was brought by plaintiff as administratrix of her husband's estate for wrongful death alleged to have been caused by Erie's negligence.

The decedent, Donald V. McGrath, was killed on February 17, 1966, when he was struck...

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