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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