BAILEY v. ERIE RAILROAD COMPANY

Civ. A. No. 30643.

143 F.Supp. 351 (1956)

James N. BAILEY, Administrator of the Estate of Robert L. Bailey, Plaintiff, v. ERIE RAILROAD COMPANY, a corporation, Defendant.

United States District Court N. D. Ohio, E. D.

July 13, 1956.


Attorney(s) appearing for the Case

Nathan Sieman, Warren, Ohio, for plaintiff.

Robert M. Weh, Cleveland, Ohio, for defendant.


WEICK, District Judge.

Plaintiff's decedent was struck and killed by defendant's westbound passenger train while he was walking across the railroad tracks at the grade crossing on South Main Street in Windham, Ohio in broad daylight.

The administrator of his estate brought action in this Court for wrongful death for the benefit of the next of kin. Jurisdiction of the Court was based on diversity of citizenship.

The case was tried before a jury which...

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