VERA CRUZ v. CHESAPEAKE & OHIO RAILROAD

No. 13618.

312 F.2d 330 (1963)

Lois Bray VERA CRUZ, Plaintiff-Appellant, v. CHESAPEAKE & OHIO RAILROAD and The Erie Railroad Co., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 14, 1963.


Attorney(s) appearing for the Case

Saul I. Ruman, Sachs, Ruman & Tanasijevich, Hammond, Ind., for plaintiff-appellant, Lois Bray Vera Cruz.

Stanley A. Tweedle, Lawyer, Friedrich, Petrie & Tweedle, Hammond, Ind., for appellee, Erie R. R. Co.

Russell J. Wildman, Cole, Wildman & Cole, Peru, Ind., for appellee, Chesapeake & O. Ry. Co.

Before HASTINGS, Chief Judge, and SCHNACKENBERG and KILEY, Circuit Judges.


KILEY, Circuit Judge.

This is a diversity personal injury action with a general verdict for plaintiff. The District Court, however, entered judgment notwithstanding the verdict for defendants on the basis of special interrogatories. Plaintiff has appealed.

Plaintiff was injured when the Volkswagen in which she was a passenger was struck at night on a Hammond, Indiana crossing by a Chesapeake and Ohio freight train operated on Erie Railroad tracks.

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