No. 72-2085.

485 F.2d 510 (1973)

Jewell McTAVISH, Administratrix of the Estate of Peter R. McTavish, Deceased, Plaintiff-Appellant, v. CHESAPEAKE AND OHIO RAILROAD CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 16, 1973.

Attorney(s) appearing for the Case

Edward M. Post, Louisville, Ky., for appellant; H. S. Horen, Louisville, Ky., on brief.

Gerald Kirven, Louisville, Ky., for appellee; Matthew R. Westfall, Joseph H. Terry, Louisville, Ky., on brief; Middleton, Reutlinger & Baird, Louisville, Ky., of counsel.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal from the District Court's entry of summary judgment for Appellee, Chesapeake and Ohio Railroad Co., in a wrongful death action by Appellant as administratrix of the estate of Peter R. McTavish, who was killed in an auto-train collision involving one of Appellee's trains. Jurisdiction is based upon diversity of citizenship, and Kentucky law is therefore controlling.


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