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YAZVAC v. BALTIMORE AND OHIO RAILROAD COMPANY

Civ. A. No. 70-402.

342 F.Supp. 161 (1972)

Michael D. YAZVAC v. The BALTIMORE AND OHIO RAILROAD COMPANY, a Maryland Corporation, v. Marlene M. SABOL, Administratrix of the Estate of Lawrence D. Sabol, Deceased.

United States District Court, W. D. Pennsylvania.

May 19, 1972.

Attorney(s) appearing for the Case

George J. Miller, Pittsburgh, Pa., for plaintiff.

Gary F. Sharlock, Pittsburgh, Pa., for defendant and third-party plaintiff.

Donald I. Shrager, Pittsburgh, Pa., for third-party defendant.

OPINION

WEBER, District Judge.

This action arose from a grade crossing accident involving one of defendant's trains and an automobile driven by Lawrence D. Sabol, deceased, in which plaintiff Yazvac was a passenger, asleep in the rear seat. The case proceeded through trial, and at the close of all the evidence, the defendant moved for a Directed Verdict on the grounds that the plaintiff failed to make a prima facie showing that the railroad was guilty of...

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