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KOVACS v. CHESAPEAKE & O. R. CO.

Docket No. 74779, (Calendar No. 11).

426 Mich. 647 (1986)

397 N.W.2d 169

KOVACS v. CHESAPEAKE AND OHIO RAILWAY COMPANY

Supreme Court of Michigan.

Decided December 16, 1986.

Attorney(s) appearing for the Case

C. Robert Beltz for the plaintiff.

Cross, Wrock, Miller & Vieson (by Gene S. Davis and Craig A. Anderson) for the defendant.

Amici Curiae:

Michael F. Schmidt for Product Liability Advisory Council, Inc., and Motor Vehicle Manufacturer's Association of the United States, Inc.

Decided December 16, 1986. Rehearing denied 428 Mich. 1201.

LEVIN, J.

This is an action for wrongful death brought by the decedent's widow as administratrix of his estate.

The decedent, Charles L. Kovacs, was killed when the dump truck he was driving was struck by a Chesapeake and Ohio train sometime after 8:00 A.M. in fog so dense that visibility was reduced to under 150 feet.

The principal factual dispute was whether the train whistle had...

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