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NEW YORK CENTRAL RAILROAD COMPANY v. DELICH

No. 13151.

252 F.2d 522 (1958)

The NEW YORK CENTRAL RAILROAD COMPANY, Appellant, v. Alberta L. DELICH, Administratrix of the Estate of Daniel B. Delich, Deceased, Appellee.

United States Court of Appeals Sixth Circuit.

February 11, 1958.

Attorney(s) appearing for the Case

Paul Lamb, Cleveland, Ohio (C. Richard Andrews, Cleveland, Ohio, on the brief), for appellant.

Warren M. Briggs, Cleveland, Ohio (A. H. Dudnik, Cleveland, Ohio, on the brief), for appellee.

Before ALLEN, McALLISTER and STEWART, Circuit Judges.

ALLEN, Circuit Judge.

This appeal arises out of a judgment for appellee entered upon a jury verdict in a railroad crossing case caused by a collision at 5:45 a. m. on February 10, 1954, between a New York Central train and a tractor trailer driven by appellee's decedent, killed in the accident. At the point of collision the New York Central, hereinafter called NYC, has double tracks running generally east and west. The NYC tracks are approximately parallel to a single...

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