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NICE v. PENNSYLVANIA RAILROAD COMPANY

Civ. A. No. 33141.

168 F.Supp. 641 (1959)

Elva E. NICE, Executrix of the Estate of John V. Nice, Plaintiff, v. The PENNSYLVANIA RAILROAD COMPANY, a corporation, Defendant.

United States District Court N. D. Ohio, E. D.

January 2, 1959.

Attorney(s) appearing for the Case

Raymond J. Finley, Akron, Ohio, for plaintiff.

Charles F. Clarke, Jr., of Squire, Sanders & Dempsey, Cleveland, Ohio, for defendant.

WEICK, District Judge.

This case involves a crossing accident.

Plaintiff's decedent was driving his truck loaded with eggs on a country road over a railroad crossing when he was struck and killed by a passenger train.

The accident happened shortly after 9:00 o'clock in the morning on a cold, clear, dry day in broad daylight.

The railroad tracks crossed the highway at grade and at an angle of 32...

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