KOSERKOFF v. CHESAPEAKE & OHIO RAILWAY COMPANY

Nos. 19946, 20016.

427 F.2d 1049 (1970)

Staphan L. KOSERKOFF, Plaintiff-Appellee and Cross-Appellant, v. CHESAPEAKE & OHIO RAILWAY COMPANY, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

June 5, 1970.


Attorney(s) appearing for the Case

Walter A. Kleinert, Detroit, Mich. (Robert A. Straub, Southfield, Mich., on the brief), for Chesapeake & Ohio Railroad.

Arthur Roth, Miami, Fla. (Victor G. Hanson and James Finn, Detroit, Mich., on the brief), for Koserkoff.

Before CELEBREZZE and COMBS, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


O'SULLIVAN, Senior Circuit Judge.

The Chesapeake and Ohio Railway Company appeals from a judgment for $22,500 in favor of plaintiff, Staphan L. Koserkoff, entered upon a jury verdict in said amount. Appellant, the C & O, asserts that a verdict should have been directed in its favor because the evidence disclosed that, as a matter of law, plaintiff was guilty of contributory negligence, and that such evidence was insufficient...

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