Slater v. Erie Lackawanna Railway Co.

OPINION

WEBER, District Judge.

This is a diversity action to recover damages for personal injuries suffered by the wife-plaintiff, Betty L. Slater, in a grade crossing accident in Greenville, Pennsylvania. Wife-plaintiff was the owner of the automobile involved in the accident. She claims that as a result of the accident she has suffered a loss of memory of the details of the accident, as well as prior events. She claims the presumption of due care in her favor on the question of her contributory negligence. In such circumstances she is entitled to the same presumption as that accorded a…