SMITH v. CHESAPEAKE AND OHIO RAILROAD COMPANY

No. 3-1272A102.

311 N.E.2d 462 (1974)

Alfred C. SMITH, Appellant, v. The CHESAPEAKE AND OHIO RAILROAD COMPANY, Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied July 2, 1974.


Attorney(s) appearing for the Case

Robert D. Hawk, Robert P. Kennedy, Gary, for appellant; Spangler, Jennings, Spangler & Dougherty, Gary, of counsel.

Russel J. Wildman, Peru, for appellee.


LYBROOK, Judge.

The sole issue in this appeal is whether the trial court erred in granting defendant appellee's motion for judgment on the evidence in plaintiff-appellant's action to recover damages for personal injuries sustained in a collision between a train and a tractor trailer unit.

The collision in question occurred on January 28, 1966, where the tracks of defendant-appellee Chesapeake and Ohio Railroad Company cross highway U.S. 30 near Hanna, Indiana...

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