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TOMLE v. NEW YORK CENTRAL RD. CO.

Civ. A. No. C 63-65.

4 Ohio Misc. 31 (1964)

TOMLE v. NEW YORK CENTRAL RD. CO. ET AL.

United States District Court for Northern District of Ohio, Eastern Division.

Decided September 21, 1964.

Attorney(s) appearing for the Case

Messrs. Roemisch & Wright, for plaintiff.

Mr. John F. Dolan and Mr. F. M. Apicella, for New York Central Railroad.

Messrs. Johnson, Weston, Blackmore, Cory & Hurd, and Mr. Beverly Schneider, for Pontiac Motor Division.

GREEN, District Judge.

This action was commenced on January 8, 1963, in the Common Pleas Court of Cuyahoga County, Ohio, against the New York Central Railroad Company. It was thereafter removed to this court by the said defendant.

In the original complaint plaintiff alleged negligence on the part of New York Central in the construction and maintenance of a certain grade crossing, as a consequence of which he sustained personal injuries. The basic facts pled...

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