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BRINKS v. CHESAPEAKE & OHIO RAILWAY COMPANY

No. 18034.

398 F.2d 889 (1968)

Benjamin J. BRINKS, Administrator of the Estate of Gertrude Ann Brinks, Deceased, Plaintiff-Appellant, v. CHESAPEAKE & OHIO RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 29, 1968.

Attorney(s) appearing for the Case

Wallson G. Knack, Grand Rapids, Mich. (Wallson G. Knack, Warner, Norcross & Judd, Grand Rapids, Mich., on the brief), for appellant.

Paul O. Strawhecker, Grand Rapids, Mich. (Paul O. Strawhecker, Grand Rapids, Mich., Robert A. Straub, Detroit, Mich., on the brief; H. Rhett Pinsky, Grand Rapids, Mich., of counsel), for appellee.

Before O'SULLIVAN and PHILLIPS, Circuit Judges, and CECIL, Senior Circuit Judge.

PHILLIPS, Circuit Judge.

Mrs. Gertrude Ann Brinks, a thirty-one year old housewife and mother of three children, was killed January 23, 1964, when the car which she was driving was struck by a Chesapeake & Ohio train. She drove her car onto the tracks directly into the path of the train. She had left dinner in the oven for her husband and children and was en route to the home of her mother-in-law at the time of the fatal accident.

Mrs. Brinks had no physical...

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