NEW YORK CENTRAL RAILROAD COMPANY v. CHERNEW

No. 16532.

285 F.2d 189 (1960)

NEW YORK CENTRAL RAILROAD COMPANY, a Corporation, Appellant, v. Ann CHERNEW, Administratrix of the Estate of Stanley Z. Chernew, Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

December 23, 1960.


Attorney(s) appearing for the Case

Arthur Litz, St. Louis, Mo., for appellant and Wilton D. Chapman and Thomas W. Chapman, St. Louis, Mo., on the brief.

Don B. Sommers, St. Louis, Mo., for appellee.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and REGISTER, District Judge.


REGISTER, District Judge.

Appellee (hereinafter referred to as plaintiff) brought this action to recover from appellant (hereinafter called defendant) under the wrongful death statute of the State of Ohio for damages resulting from the death of plaintiff's decedent, Stanley Z. Chernew, following a collision on November 5, 1957, between decedent's automobile and defendant's train at the intersection of a grade level railroad crossing and U.S. Highway 40 at a point...

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