CARUFEL v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 14174.

286 F.2d 193 (1961)

Joseph CARUFEL, Plaintiff-Appellee, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

February 8, 1961.


Attorney(s) appearing for the Case

Matthew Davison, Jr., Flint, Mich. (Gault, Davison & Bowers, Flint, Mich., on the brief), for appellant.

Robert B. Benton, Flint, Mich. (Beagle, Benton, Hicks & Fisher, Flint, Mich., on the brief), for appellee.

Before MARTIN, MILLER and CECIL, Circuit Judges.


CECIL, Circuit Judge.

This is an appeal by the Chesapeake and Ohio Railway Company from a judgment entered on a verdict in favor of Joseph Carufel, the appellee.

We will refer to the parties as plaintiff and defendant, as they were in the trial court.

The plaintiff was a truck driver and on or about the 2nd day of November, 1957, at approximately two o'clock in the morning, he was operating a G. M. C. tractor-trailer, in an easterly direction, on U...

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