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JOHNSON v. CHESAPEAKE AND OHIO RAILWAY COMPANY

Nos. 11416-11418.

227 F.2d 858 (1955)

Evans B. JOHNSON, Executor of the Last Will and Testament of Jimmie F. Johnson, Deceased, Plaintiff-Appellee, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant. Leland W. PATTERSON, Administrator of the Estate of Truly Patterson, Deceased, Plaintiff-Appellee, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant. Leland W. PATTERSON, Plaintiff-Appellee, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

November 30, 1955.

Attorney(s) appearing for the Case

Owen Voigt, Jeffersonville, Ind., Homer E. Hostettler, Henryville, Ind., Paul F. Brady, Jeffersonville, Ind., for plaintiffs-appellees.

Russel J. Wildman, Albert H. Cole, Jr., Cole, Wildman & Cole, Peru, Ind., for defendant.

Before DUFFY, Chief Judge, and MAJOR and LINDLEY, Circuit Judges.

MAJOR, Circuit Judge.

These actions were brought to recover damages caused by the alleged negligence of defendant in the operation of one of its trains over a public highway crossing at which time it collided with an automobile owned and driven by Leland W. Patterson. The occupants of the automobile other than Patterson were his wife, Truly Patterson, seated to his right on the front seat, and Virgil D. Johnson, seated to...

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