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BRINKS v. CHESAPEAKE AND OHIO RAILWAY COMPANY

Civ. A. No. 5495.

295 F.Supp. 1318 (1969)

Benjamin J. BRINKS, individually and as Administrator of the Estate of Steven D. Brinks, Deceased, Plaintiff, v. The CHESAPEAKE AND OHIO RAILWAY COMPANY, a Virginia corporation, Defendant and Third-Party Plaintiff, v. Benjamin J. BRINKS, Administrator of the Estate of Gertrude Ann Brinks, Deceased, Third-Party Defendant.

United States District Court W. D. Michigan, S. D.

February 4, 1969.

Attorney(s) appearing for the Case

Warner, Norcross & Judd, Wallson G. Knack, Grand Rapids, Mich., of counsel, for Benjamin J. Brinks.

Paul O. Strawhecker, Grand Rapids, Mich., Robert A. Straub, Detroit, Mich., for Chesapeake and Ohio Railway Co.

OPINION

FOX, District Judge.

Plaintiff brings this action individually and as administrator of the estate of Steven D. Brinks, alleging negligence of defendant proximately causing damages in the amount of $150,000. The action arises from an accident where plaintiff's decedent and decedent's mother were killed in a collision with defendant's train. The facts are recited in more detail in the mother's case, C.A. 4702, W.D.Mich., aff'd 398 F...

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