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CLAYTON v. PENN CENT. TRANSP. CO.

No. 3-277A36.

376 N.E.2d 524 (1978)

Garry C. CLAYTON b/n/f Willie Clayton and Willie Clayton, Appellants (Plaintiffs below), v. PENN CENTRAL TRANSPORTATION CO., LeRoy Atherton and City of South Bend, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

June 5, 1978.

Attorney(s) appearing for the Case

Frank J. Petsche, Matthews-Petsche & Associates, South Bend, for appellants.

Edward A. Chapleau, Chapleau, Roper, McInerny, Minczeski & Farabaugh, South Bend, for Penn Central Transportation Co., and LeRoy Atherton.

James H. Pankow, South Bend, for City of South Bend.

STATON, Judge.

Garry Clayton and his father, Willie, filed their complaint to recover damages for personal injuries suffered by Garry when his right foot was crushed between a railroad track and a slow moving train wheel. The railroad company and the city moved for summary judgment, and it was granted by the trial court. Garry Clayton and his father appeal from the granting of summary judgment by the trial court, and we reverse.

On September 4, 1974, Garry...

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