MARINELLI v. MONTOUR R. CO.


278 Pa.Super. 403 (1980)

420 A.2d 603

Eugene L. MARINELLI, Administrator of the Estate of Eugene R. Marinelli, Deceased, v. The MONTOUR RAILROAD COMPANY, Appellant.

Superior Court of Pennsylvania.

Filed June 6, 1980.

Reargument Denied October 16, 1980.

Petition for Allowance of Appeal Denied February 17, 1981.


Attorney(s) appearing for the Case

Raymond G. Hasley, Pittsburgh, for appellant.

Sanford S. Finder, Washington, for appellee.

Before SPAETH, HOFFMAN and VAN der VOORT, JJ.


SPAETH, Judge:

Appellee, as administrator of the estate of his deceased son, Eugene R. Marinelli, commenced wrongful death and survival actions against appellant, Montour Railroad. Following a non-jury trial, the lower court rendered a verdict in favor of appellee in both actions. Montour's exceptions to the verdict were subsequently dismissed. On appeal, Montour argues that judgment notwithstanding the verdict should be entered in its favor for any of several reasons...

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