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ARRASMITH v. PENNSYLVANIA RAILROAD CO.

No. 18612.

410 F.2d 1311 (1969)

Harry Richard ARRASMITH, Norma Arrasmith, Robert Brewer, Administrator of the Estate of Paul Gorman, Deceased, Albert Butts and Thomas Butts, Plaintiffs-Appellants, v. The PENNSYLVANIA RAILROAD CO., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

May 16, 1969.

Attorney(s) appearing for the Case

Bernard Bernard, Columbus, Ohio, for appellants; Teaford & Bernard, Columbus, Ohio, on brief.

Francis S. McDaniel, Dayton Ohio, for appellee; Altick & McDaniel, Dayton, Ohio, on brief.

Before WEICK, Chief Judge, and PHILLIPS and EDWARDS, Circuit Judges.

EDWARDS, Circuit Judge.

This is a railroad crossing collision case. Plaintiffs-appellants were passengers in a car traveling east on Grove Avenue in the city of Xenia, Ohio, at approximately one o'clock in the morning on April 4, 1964. The car they were in came to a railroad switch track marked only by a crossbuck sign and crashed into a boxcar which was standing completely blocking Grove Avenue. One of the passengers was killed and the other passengers allege serious...

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