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ERNST v. BALTIMORE & OHIO RAILROAD COMPANY

No. 15096.

316 F.2d 856 (1963)

Clarence D. ERNST, Plaintiff-Appellee, v. The BALTIMORE & OHIO RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

May 7, 1963.

Attorney(s) appearing for the Case

Jay C. Brownlee, Youngstown, Ohio (Jay C. Brownlee, of Harrington, Huxley & Smith, Youngstown, Ohio, on the brief), for appellant.

David M. Sieman, Warren, Ohio (Sieman, Sieman & Sieman, David Sieman, Warren, Ohio, on the brief), for appellee.

Before MILLER and WEICK, Circuit Judges, and WILLIAM E. MILLER, District Judge.

WEICK, Circuit Judge.

Plaintiff recovered a verdict and judgment in the District Court for personal injuries sustained by him in a collision between defendant's train and an automobile in which he was riding. The accident occurred in broad daylight at a crossing on private property owned by Copperweld Steel Company near Warren, Ohio.

Plaintiff and the driver of the automobile in which he was riding were employees...

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