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SMITH v. LOUISVILLE & NASHVILLE RAILROAD COMPANY

Civ. A. No. 5340.

267 F.Supp. 716 (1966)

Johnnie L. SMITH, Plaintiff, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, a Kentucky corporation, New York Central Railroad Company, a New York corporation, Pennsylvania Railroad Company, a Pennsylvania corporation, E. L. Bruce Co. (Incorporated), a New York corporation, Defendants.

United States District Court S. D. Ohio, W. D.

May 25, 1966.

Attorney(s) appearing for the Case

Eugene D. Smith and Edward J. Utz, Cincinnati, Ohio, for plaintiff.

Thomas S. Calder, Roy W. Short, John W. Hudson and Ralph F. Mitchell, Cincinnati, Ohio, for defendants.

MEMORANDUM OPINION

PECK, District Judge.*

Plaintiff herein claims to have suffered personal injuries when he was struck by a portion of the inner wall of a box car which fell while he was unloading it. The undisputed facts indicate that the car, owned by the New York Central Railroad Co. (hereinafter called "N. Y.C."), had been delivered by the Louisville & Nashville Railroad Co. (hereinafter called "L. & N.") to the...

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