Bailey v. Erie Railroad

OPINION

Ey WEICK, District Judge.

Plaintiff’s decedent was struck and killed by defendant’s westbound passenger train while he was walking across the railroad tracks at the grade crossing on South Main Street in Windham, Ohio, in broad daylight.

The administrator of his estate brought action in this court for wrongful death for the benefit of the next of kin. Jurisdiction of the court was based on diversity of citizenship.

The case was tried before a jury which failed to agree upon a verdict and was discharged. The court, thereupon, entered judgment for the defendant on its motion to arrest the…