GIBSON v. ERIE-LACKAWANNA RAILROAD COMPANY

No. 16890.

378 F.2d 476 (1967)

Lois Rae GIBSON, Executrix of the Estate of Glenn F. Gibson, Deceased, Plaintiff-Appellee, v. ERIE-LACKAWANNA RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

June 6, 1967.


Attorney(s) appearing for the Case

Robert M. Weh, Cleveland, Ohio (Arter, Hadden, Sykoff & Van Duzer, Cleveland, Ohio, on the brief), for appellant.

Donald P. Traci, Cleveland, Ohio (Spangenberg, Hasenflue, Shibley & Traci, Cleveland, Ohio, on the brief), for appellee.

Before O'SULLIVAN and McCREE, Circuit Judges, and CECIL, Senior Circuit Judge.


PER CURIAM.

This is defendant's appeal from a judgment entered on a jury verdict in the amount of $160,800 following trial of a diversity action for wrongful death of appellee's decedent who was driving a truck which collided with defendant's freight train at a grade crossing.

The principal errors relied upon for reversal relate to the trial judge's refusal to find the decedent guilty of negligence as a matter of law, and to certain of the judge's instructions...

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