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MORRIS v. BALTIMORE AND OHIO RAILROAD COMPANY

Civ. A. No. 2888.

349 F.Supp. 649 (1972)

Julia M. MORRIS and Leonard Morris, Plaintiffs, v. The BALTIMORE AND OHIO RAILROAD COMPANY, a Maryland corporation, and Foote Mineral Company, a Pennsylvania corporation, Defendants.

United States District Court, S. D. West Virginia, Huntington Division.

October 16, 1972.

Attorney(s) appearing for the Case

Don C. Kingery, Dean & Kingery, Point Pleasant, W. Va., Donald R. Wilson, Preiser & Wilson, Charleston, W. Va., for plaintiffs.

William C. Beatty and Fred Adkins, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W. Va., for defendant, The Baltimore and Ohio Railroad Co.

C. F. Bagley and R. G. McNeer, Campbell, Woods, Bagley, Emerson, McNeer & Herndon, Huntington, W. Va., for defendant, Foote Mineral Co.

CHRISTIE, Chief Judge:

In this diversity action, involving a railroad crossing collision, the defendant, Foote Mineral Company, moves the Court to enter summary judgment in its favor, pursuant to the provisions of Rule 56 of the Federal Rules of Civil Procedure, asserting that there are no genuine issues of any material fact concerning its liability and that, based upon such undisputed facts, it is entitled to judgment as a matter of law.

STATEMENT OF THE...

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