ALBAUGH v. PENNSYLVANIA R. CO.

Civ. Nos. 1412-52, 2748-52.

120 F.Supp. 70 (1954)

ALBAUGH v. PENNSYLVANIA R. CO. WETZEL v. PENNSYLVANIA R. CO.

United States District Court District of Columbia.

March 24, 1954.


Attorney(s) appearing for the Case

Hogan & Hartson, Washington, D. C., Macleay & Lynch, Washington, D. C., for plaintiffs.

Hugh B. Cox, James H. McGlothlin, Washington, D. C., for defendant.


KEECH, District Judge.

These cases arise from a collision between a truck and a freight train of the Pennsylvania Railroad at a grade crossing at New Midway, Maryland. Plaintiff Albaugh, who was driving the truck, sues for personal injuries. Plaintiff Wetzel, the owner of the truck, sues for destruction of the truck and loss of the cargo.

The cases are before the court on the defendant's motion for a directed verdict at the close of the plaintiffs' evidence...

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