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ANDERER v. BALTIMORE AND OHIO RAILROAD COMPANY

No. 14611.

300 F.2d 14 (1962)

Francis Edward ANDERER, Plaintiff-Appellant, v. The BALTIMORE AND OHIO RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

March 7, 1962.

Attorney(s) appearing for the Case

Lawrence Landskroner, Cleveland, Ohio, Lawrence Landskroner and Thomas F. O'Malley, Cleveland, Ohio, on brief, for appellant.

Alexander H. Hadden, Baker, Hostetler & Patterson, Cleveland, Ohio, for appellee.

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

SHACKELFORD MILLER, Jr., Chief Judge.

Appellant, Francis Edward Anderer, was injured in a railroad crossing accident while driving a panel truck across the tracks of the appellee at a crossing in Elyria, Ohio, and brought this action for damages by reason of personal injuries resulting therefrom. At the close of appellant's case, the District Judge sustained appellee's motion for a directed verdict in its favor on the ground of contributory negligence on the part...

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