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PENNSYLVANIA R. R. v. GOLDIE

No. 11028.

182 F.2d 9 (1950)

PENNSYLVANIA R. R. v. GOLDIE.

United States Court of Appeals Sixth Circuit.

Decided May 22, 1950.

Attorney(s) appearing for the Case

Walter M. Meek, Detroit, Mich. (Dyer, Angell, Meek & Batten. Walter M. Meek, A. D. Ruegsegger, Detroit, Mich., on the brief), for appellant.

Wilbur M. Brucker, Detroit, Mich. (Clark, Klein, Brucker & Waples, Wilber M. Brucker, Robert A. Sullivan, Detroit, Mich., on the brief), for appellee.

Before HICKS, Chief Judge, and SIMONS, and MILLER, Circuit Judges.

SIMONS, Circuit Judge.

The Pennsylvania's crack train, the Red Arrow, bound from Detroit to Washington on the early morning of February 18, 1947, left its track while negotiating the Bennington Curve, and its engines, tender and several passenger cars rolled to the bottom of an embankment. The plaintiff Goldie was severely injured, recovered a substantial judgment below and the Pennsylvania appeals. The principal question relates to the cause of the accident. Goldie...

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