GLINSEY v. BALTIMORE & OHIO RAILROAD CO.

No. C 70-735.

356 F.Supp. 984 (1973)

Levorne GLINSEY, Admx. of the Estate of Willie James Glinsey, Deceased, et al., Plaintiffs, v. BALTIMORE & OHIO RAILROAD CO., Defendant.

United States District Court, N. D. Ohio, E. D.

March 30, 1973.


Attorney(s) appearing for the Case

Donald P. Traci, Cleveland, Ohio, for plaintiffs.

Charles Clarke, Henry Light, Cleveland, Ohio, for defendant.


MEMORANDUM OPINION AND ORDER

BATTISTI, Chief Judge.

This cause presents a question of law which must be determined prior to trial: Whether the absence of statutory railroad signals imposes strict liability upon the defendant railroad for the loss proximately caused by violation of ORC §§ 4955.32 and 4955.34, so that contributory negligence is not a defense.

Section 4955.32 reads:

"Every...

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