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SIEGFERTH v. BALTIMORE AND OHIO RAILROAD CO.

No. 73-1820.

498 F.2d 392 (1974)

Maxine W. SIEGFERTH, Guardian of Robert H. Siegferth, an Incompetent Person, et al., Plaintiffs-Appellants, v. The BALTIMORE AND OHIO RAILROAD CO., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 29, 1974.

Attorney(s) appearing for the Case

Richard T. Cunningham, Akron, Ohio, for plaintiffs-appellants; Bernard J. Amer, Amer, Cunningham & Brennan, Akron, Ohio, on brief.

C. Kenneth Clark, Jr., Youngstown, Ohio, for defendant-appellee; Eldon S. Wright, Youngstown, Ohio, on brief; Harrington, Huxley & Smith, Youngstown, Ohio, of counsel.

Before PHILLIPS, Chief Judge, and EDWARDS and LIVELY, Circuit Judges.

PER CURIAM.

Appellant is the guardian of her husband who was permanently injured and completely disabled when his car was struck by a B & O Railroad Co. freight train on December 23, 1969. Appellant's lawyer sought the same strict liability instruction pertaining to the Ohio Whistle and Bell Statute which was sought and given in Glinsey v. B & O Railroad Co., 356 F.Supp. 984 (N.D. Ohio 1973), and he now claims reversible...

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