Legal Opinion

Evans v. Pennsylvania Railroad

Court of Appeals for the Third Circuit

Decided May 2, 1958No. Nos. 12410-12413PublishedCited by 2 opinions

1Opinion of the Court

LAYTON, District Judge.

These are four appeals by defendant from judgments entered in favor of the *207plaintiffs by the United States Court for the District of Delaware. They are companion cases arising out of a collision between an automobile in which the plaintiffs were passengers and defendant’s train. Jurisdiction was based on diversity of citizenship and Delaware law is controlling. The actions were consolidated and tried by the Court. Those appeals were also consolidated and argued together.

Very briefly, the facts are these. On the dark, rainy evening of May 20, 1955, five young men were…

2Cases cited16 opinions

  1. Philadelphia & Reading Railroad v. DillonSupreme Court of Delaware · 1921
  2. McCormick v. Great Western Power Co.California Supreme Court · 1932
  3. City of Taylorville v. StaffordIllinois Supreme Court · 1902
  4. De Eugenio v. Allis-Chalmers Mfg. Co.Court of Appeals for the Third Circuit · 1954
  5. Williams v. ChittickSupreme Court of Delaware · 1958

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3Cited by2 opinions

  1. Floyd Gene Bridger v. Union Railway CompanyCourt of Appeals for the Sixth Circuit · 1966
  2. Jehu P. Evans v. The Pennsylvania Railroad Company, Margaret Elizabeth Jester, Widow v. The Pennsylvania Railroad Company, Noah Kenneth Collins v. The Pennsylvania Railroad Company, Leland Kenneth Phillips v. The Pennsylvania Railroad CompanyCourt of Appeals for the Third Circuit · 1958

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