CONSOL. RAIL CORP. v. TRAVELERS INS. CO.

No. 784S291.

466 N.E.2d 709 (1984)

CONSOLIDATED RAIL CORPORATION, a National Railroad Corporation and Robert W. Blanchette, Richard C. Bond and John H. McArthur, Trustees of the Property of Penn Central Transportation Company, Debtor, Appellants (Defendants below), and Betty J. (Briner) Smith, Appellant (Plaintiff below), v. THE TRAVELERS INSURANCE COMPANIES, a/K/a "the Travelers," a Corporation, Appellee (Defendant below).

Supreme Court of Indiana.

July 26, 1984.


Attorney(s) appearing for the Case

Harold Abrahamson, Michael C. Adley, Abrahamson, Reed & Tanasijevich, Hammond, for appellants.

Hoeppner, Wagner & Evans by Larry G. Evans, Katharine E. Gerken, Valparaiso, for appellee.


PIVARNIK, Justice.

This cause comes to us on a petition to transfer from the Third District Court of Appeals by Consolidated Rail Corporation (hereinafter "Conrail") and Betty J. (Briner) Smith. Smith was plaintiff in the trial court and brought action against Conrail and the Travelers Insurance Company (hereinafter "Travelers") for collection of benefits arising from the death of her husband, a railroad employee. The question presented to us results from a rather...

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