PENNSYLVANIA RAILROAD COMPANY v. McKINLEY

No. 14219.

288 F.2d 262 (1961)

PENNSYLVANIA RAILROAD COMPANY v. Clarence A. McKINLEY.

United States Court of Appeals Sixth Circuit.

February 23, 1961.


Attorney(s) appearing for the Case

Charles F. Clarke, Cleveland, Ohio (James C. Davis, Charles F. Clarke, Jr., Peter D. VanOosterhout, Squire, Sanders & Dempsey, Cleveland, Ohio, on the brief), for appellant.

Craig Spangenberg, Cleveland, Ohio (Spangenberg, Hasenflue & Shibley, Cleveland, Ohio, on the brief), for appellee.

Before McALLISTER, Chief Judge, and CECIL and O'SULLIVAN, Circuit Judges.


O'SULLIVAN, Circuit Judge.

The parties will herein be referred to as plaintiff and defendant, respectively. Defendant, Pennsylvania Railroad Company, by this appeal seeks reversal of a judgment in favor of plaintiff, Clarence A. McKinley, entered upon a jury's verdict in the sum of $150,000. Plaintiff was a watchman employed by the defendant at its public grade crossing at Wooster, Ohio. On March 21, 1956, one of defendant's trains struck a moving van on said crossing...

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