STOLER v. PENN CENTRAL TRANSP. CO.

No. 76-1558.

583 F.2d 896 (1978)

Lexie STOLER, guardian of George T. Robison, an incompetent person, Plaintiff-Appellant, v. PENN CENTRAL TRANSPORTATION COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 18, 1978.


Attorney(s) appearing for the Case

Charles A. Kennedy, Kauffman, Eberhart, Cicconetti & Kennedy, Wooster, Ohio, for plaintiff-appellant.

John G. Cardinal, Donaldson, Colgrove, Cardinal & Freed, Painesville, Ohio, for defendant-appellee.

Before PHILLIPS, Chief Judge, and KEITH and MERRITT, Circuit Judges.


MERRITT, Circuit Judge.

In this railroad accident case, the District Court directed a verdict for the railroad. We reverse and remand for a new trial.

I.

The appeal arises from a nighttime collision on September 8, 1972, between a freight train and a car at a rural railroad crossing in Ohio where the tracks run east and west and the road runs north and south. A locomotive coming from the east struck the driver's side of a car occupied by two married...

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