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U.S.A.C. TRANSPORT, INC. v. BALTIMORE & OHIO RAILROAD CO.

Civ. Nos. 12323, 12844.

209 F.Supp. 815 (1962)

U.S.A.C. TRANSPORT, INC. v. BALTIMORE & OHIO RAILROAD CO. and Jonathon S. England and Andrew L. Devlin and Christian Heurich, Jr., and Taylor Lumber & Supply Corporation. BALTIMORE & OHIO RAILROAD CO. v. U.S.A.C. TRANSPORT, INC. Robert Z. OZMER to his own use and to the use of Service Fire Insurance Company of New York v. BALTIMORE & OHIO RAILROAD CO. and Jonathon S. England, Andrew L. Devlin, Christian Heurich, Jr., and Taylor Lumber & Supply Corporation. BALTIMORE & OHIO RAILROAD CO. v. Robert Z. OZMER.

United States District Court D. Maryland.

October 29, 1962.

Attorney(s) appearing for the Case

Thomas G. Andrew and Rollins, Smalkin, Weston & Andrew, Baltimore, Md., for U. S. A. C. Transport, Inc.

Charles C. Hartman, Jr., and Fell & Hartman, Annapolis, Md., and Thomas G. Andrew and Rollins, Smalkin, Weston & Andrew, Baltimore, Md., for Robert Z. Ozmer.

J. Sarsfield Sweeny and Hershey, Donaldson, Williams & Stanley, Baltimore, Md., for B & O Railroad Co.

James D. Peacock and Semmes, Bowen & Semmes, Baltimore, Md., for England, Devlin, Heurich and Taylor Lumber & Supply Corp.

THOMSEN, Chief Judge.

These actions, which were consolidated for trial and were heard together by the court without a jury, arise out of a collision between a B & O train and a tractor-trailer unit which had "hung up" on one of the outside rails at a grade crossing because of the road's steep approach to the tracks and the extremely low clearance of the trailer, only 12 inches above the ground. The claims of the two plaintiffs (U. S. A. C. Transport and Ozmer...

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