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TOMLE v. NEW YORK CENTRAL RAILROAD

Civ. A. No. C 63-66.

234 F.Supp. 101 (1964)

Albert TOMLE, Plaintiff, v. NEW YORK CENTRAL RAILROAD, a Corporation, Defendant, and Pontiac Division, General Motors Corporation, a Corporation, New Party Defendant.

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

September 21, 1964.

Attorney(s) appearing for the Case

Roemisch & Wright, Cleveland, Ohio, for plaintiff.

John F. Dolan and F. M. Apicella, Cleveland, Ohio, for New York Central Railroad.

Johnson, Weston, Blackmore, Cory & Hurd, Cleveland, Ohio, Beverly Schneider, Cleveland, Ohio, of counsel, for Pontiac Motor Division.

GREEN, District Judge.

This action was commenced on January 8, 1963, in the Common Pleas Court of Cuyahoga County, Ohio, against the New York Central Railroad Company. It was thereafter removed to this court by the said defendant.

In the original complaint plaintiff alleged negligence on the part of New York Central in the construction and maintenance of a certain grade crossing, as a consequence of which he sustained personal injuries. The basic facts pled...

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