Wagner v. New York, Ontario and Western Railway

JOHN W. MURPHY, Chief Judge.

In this diversity-action plaintiffs seek to recover for property damages and in juries sustained in a grade crossing accident. Pennsylvania law determines the substantive rights and obligations of the parties. Erie R. Co. v. Tompkins, 1938, 304 U.S. 64, at page 78, 58 S.Ct. 817, at page 822, 82 L.Ed. 1188, and see Smith v. Piper Aircraft Corp., D.C.M.D. Pa.1955, 18 F.R.D. 169, at pages 171-175. Suits for personal injuries must be brought within two years; Act of 1895, June 24, P.L. 236, § 2, 12 P.S.Pa. § 34; do, suits by a husband for injuries to his wife. Black v.…