MEMORANDUM OPINION AND ORDER
JOINER, District Judge.
Plaintiff's decedent died as a result of injuries sustained when the car he was driving crashed into an abutment of a grade separation structure near Brighton, Michigan. The grade separation structure carried the tracks of the defendant, the Chesapeake & Ohio Railway Company (the "railroad"), over Michigan State Trunkline Highway U.S. 23. The structure had been built pursuant to an agreement entered...
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