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McDaid v. Baltimore & Ohio Railroad Co.

UNITED STATES COURT OF APPEALS THIRD CIRCUIT.


March 28, 1966

RUTH MCDAID, ADMINISTRATRIX OF THE ESTATE OF ALBERT H. MCDAID, DECEASED,
v.
BALTIMORE & OHIO RAILROAD COMPANY, APPELLANT.

Before STALEY, SMITH and FREEDMAN, Circuit Judges.

Per Curiam.

This is a diversity action in which the decedent's administratrix sued under the Wrongful Death and Survival Acts of Pennsylvania.*fn1

Decedent died as a result of a collision between the automobile he was driving and a freight train of the defendant in Washington, Pennsylvania.

The details of the accident and of the physical conditions which prevailed at the time were fully and elaborately argued before us. We have considered the circumstances of the case and the arguments made and are satisfied that the verdict in favor of the plaintiff was not without support in the record and that the case presented a question for the jury.

The judgment therefore will be affirmed.


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