E. G. Allen and Nationwide Mutual Insurance Company v. New York Central Railroad Company

This is an appeal from an order of the United States District Court for the Southern District of Ohio granting summary judgment to New York Central Railroad Company, defendant-appellee herein. The motion for summary judgment was submitted to the court on the pleadings, answers to interrogatories and the depositions of the plaintiff, Allen, and the witnesses to the collision which is the subject of the action. There is no genuine issue of material facts. (Rule 56(c), F.R.Civ.P.)

Ón November 20, 1964, at about 6:50 a.m., E. G. Allen, plaintiff-appellant, while driving a heavily loaded…