Brinks v. Chesapeake & Ohio Railway Co.

OPINION

FOX, District Judge.

Plaintiff brings this action individually and as administrator of the estate of Steven D. Brinks, alleging negligence of defendant proximately causing damages in the amount of $150,000. The action arises from an accident where plaintiff’s decedent and decedent’s mother were killed in a collision with defendant’s train. The facts are recited in more detail in the mother’s case, C.A. 4702, W.D.Mich., aff’d 398 F.2d 889 (6th Cir. 1968).

Defendant has asserted various affirmative defenses, a counterclaim, and a third party complaint:

Affirmative Defenses:

A. As to Benjamin…