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HARTZLER v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 17955.

433 F.2d 104 (1970)

Jerome C. HARTZLER, Plaintiff-Appellee, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied November 9, 1970.

Attorney(s) appearing for the Case

Russell J. Wildman, Peru, Ind., John H. Gobel, Gen. Counsel, Chicago, Ill., for defendant-appellant.

David B. Keller, Edward L. Murphy, Fort Wayne, Ind., for plaintiff-appellee; Livingston, Dildine, Haynie & Yoder, Fort Wayne, Ind., of counsel.

Before HASTINGS, Senior Circuit Judge, and KILEY and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Defendant-appellant, Chesapeake and Ohio Railway Company (Railway), appeals from a jury award of $75,000 in favor of plaintiff-appellee, Jerome C. Hartzler, for injuries incurred when plaintiff's car collided with defendant's train which was stopped or moving slowly across an oblique public highway intersection. Jurisdiction is based on diversity of citizenship. We affirm the jury's finding for plaintiff and the award.

The parties, pursuant...

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