MORRISON v. ERIE RAILROAD COMPANY

No. 14924.

311 F.2d 4 (1962)

Carolyn MORRISON, Plaintiff-Appellant, v. ERIE RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 27, 1962.


Attorney(s) appearing for the Case

Marvin Traxler, Youngstown, Ohio, Traxler & Malkoff, Marvin Traxler, Youngstown, Ohio, on the brief, for appellant.

John H. Ranz, Manchester, Bennett, Powers & Ullman, Youngstown, Ohio, on the brief, for appellee.

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


PER CURIAM.

This is an appeal from the United States District Court for the Northern District of Ohio, Eastern Division. The cause of action grew out of a collision between a train and an automobile in the City of Youngstown, Ohio.

The case was tried to a jury and during the course of its deliberation it submitted to the Court the following question in writing: "Does the Plaintiff have to prove beyond doubt the negligence?" The trial judge did not categorically...

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