Baker v. Miller

On January 9,1970, a collision occurred which involved a train owned by plaintiff Penn Central Transportation Company, an appellant herein, and a car operated by defendant Carolyn L. Miller, an appellee herein, at a railroad crossing on Diamond Mill Road in Montgomery County, Ohio. At the time of the collision, defendant Charles M. Smith, an appellee herein, was an employee of Penn Central. He was working on the train and apparently fell and sustained injuries as a result of the collision.

Thereafter, Smith commenced an action against Penn Central in Cook County, Illinois, under the provisions…