Irene F. O'tell, Administratrix of the Estate of John O'tell, Deceased v. New York, New Haven and Hartford Railroad Company

I think Seaboard Air Line Railroad Co. v. Gill, 4 Cir., 227 F.2d 64, 67 is directly in point. There a truck, driven by William Oliver Long, collided with the defendant’s railroad train. The truck driver, his wife, Jessie Long, and her child, William Thomas Long, were killed. Gill, as administrator of the three, brought separate suits against the defendant; the suits were consolidated for trial. The defendant pleaded releases as a complete defense in each suit. At a first trial, the cases were submitted to the jury upon issues (1) as to the negligence of the Railroad Company, (2) the…