This is an appeal from an order denying a motion for summary judgment.
On February 2, 1972, Joy McGuire, then a high school student, was struck by an Erie Lackawanna freight train at a grade crossing; she died the same day. On October 15, 1973, her father, appellee here, filed a petition with the Erie County Register of Wills, requesting that he be appointed administrator of his daughter...
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