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PIERCE v. NEW YORK CENTRAL RAILROAD COMPANY

No. 18272.

409 F.2d 1392 (1969)

Rex PIERCE, Jr., a Minor by his Next Friend, Janet Pierce, Plaintiff-Appellee, v. NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

April 21, 1969.

Attorney(s) appearing for the Case

Gordon B. Wheeler, Grand Rapids, Mich., for appellant; Wheeler, Upham, Bryant & Uhl, Grand Rapids, Mich., and Patrick E. Hackett, T. Patrick Durkin, Detroit, Mich., on brief.

Laurence D. Fowler, Lansing, Mich., for appellee; Stiles & Fowler, Lansing, Mich., on brief.

Before O'SULLIVAN, PHILLIPS and CELEBREZZE, Circuit Judges.

PHILLIPS, Circuit Judge.

Judgment was rendered against the railroad for $132,500 in this tort action involving severe injuries to a boy slightly over eight years of age. The case was tried before District Judge Noel P. Fox sitting without a jury.

The action originally was filed in the Circuit Court of Ingham County, Michigan, and was removed to the District Court upon petition of the railroad upon the basis of diversity of citizenship. Michigan law controls...

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