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GALLAGHER v. DELAWARE & HUDSON R.R. CORP.

April 12, 1955

May GALLAGHER, Plaintiff,
v.
The DELAWARE AND HUDSON RAILROAD CORPORATION, Jewel Tea Company, Inc., and Morris White Fashions, Inc., Defendants



The opinion of the court was delivered by: WATSON

The plaintiff, May Gallagher, instituted this action to recover damages sustained as the result of a fall, which, it is alleged, was caused by the negligence of the defendants. On August 22, 1950, plaintiff fell in front of the premises owned and occupied by the defendant, Morris White Fashions, Inc., and occupied as a tenant by the defendant, Jewel Tea Company, Inc., at a point in the right of way of the defendant. The Delaware and Hudson Railroad Corporation. Plaintiff contends that because of alleged accumulations of dust, gravel, and grease she was caused to fall. The action was tried before the Court without a jury.

On the basis of the legal evidence received at the trial, the Court makes findings of fact and conclusions of law:

 Findings of Fact

 1. The plaintiff is May Gallagher, a citizen of Pennsylvania, who resides in Scranton, Pennsylvania.

 2. The defendant, Morris White Fashions, Inc., is a New York corporation doing business in the Commonwealth of Pennsylvania with offices located in the City of Scranton, Pennsylvania, at Poplar Street and Penn Avenue, and is the owner of a plot of ground in said City of Scranton known as 315 Poplar Street.

 3. The defendant, Jewel Tea Company, Inc., is a New York corporation doing business in the Commonwealth of Pennsylvania with offices located at 315 Poplar Street, Scranton, Pennsylvania.

 4. The defendant, The Delaware and Hudson Railroad Corporation, is a New York corporation doing business in the Commonwealth of Pennsylvania as a common carrier by rail and more particularly operates a right of way which crosses Poplar Street in the City of Scranton, Pennsylvania, at the Three Hundred block of said Poplar Street and enters a plot of ground owned and occupied by the defendant, Morris White Fashions, Inc., and occupied as a tenant by the defendant, Jewel Tea Company, Inc.

 5. At the time of the accident, the plaintiff was employed by the defendant, Morris White Fashions, Inc.

 6. On the South side of Poplar Street is a track of the defendant, The Delaware and Hudson Railroad Corporation, and leading off from that track is a spur which crosses Poplar Street on a curve to the North and also crosses Oakford Court, and thence into the premises of the defendant, Morris White Fashions, Inc.

 7. Oakford Court is a public thoroughfare on the East adjacent to the premises owned and occupied by the defendant, Morris White Fashions, Inc., and also occupied by the defendant, Jewel Tea Company, Inc., and Oakford Court extends at right angles to Poplar Street both in a Northerly and in a Southerly direction from Poplar Street.

 8. On the morning of August 22, 1950, between 7:10 and 7:20 A.M. while on her way to work, plaintiff fell in the center of the spur track at a point where the railroad track crosses Oakford Court on the northerly side of Poplar Street.

 9. At the point where plaintiff fell no portion of the tracks touched the premises of the defendant, Morris White Fashions, Inc. The spot where plaintiff fell was in the intersection of Oakford Court and Poplar Street, both of which are public thoroughfares.

 10. At the point where plaintiff fell there was an accumulation of dirt, gravel, and grease.

 11. There was no evidence to show how the grease came to be at the place ...


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