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HOSTETLER v. CONSOLIDATED RAIL CORP.

No. 95-4298.

123 F.3d 387 (1997)

William C. HOSTETLER, Plaintiff-Appellee, v. CONSOLIDATED RAIL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 14, 1997.

Attorney(s) appearing for the Case

Patrick J. Hart (argued and briefed), Scanlon & Gearinger, Akron, OH, for Plaintiff-Appellee.

Philip E. Howes (argued and briefed), Kimberly K. Wyss (briefed), Vogelgesang, Howes, Lindamood & Brunn, Canton, OH, for Defendant-Appellant.

Before: GUY, SUHRHEINRICH, and BATCHELDER, Circuit Judges.

BATCHELDER, Circuit Judge.

This is a personal injury action involving a train/car collision at a Consolidated Rail Corporation ("Conrail") grade crossing. The issue in this appeal is simply what defendant Conrail's duty is with respect to placing extra-statutory warnings1 such as lights and/or gates at the crossing to alert motorists to the presence of oncoming trains. Conrail argues that: (1) it was entitled to judgment as a matter of...

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