Gerald Alumbaugh v. Union Pacific Railroad Company and the Goodyear Tire and Rubber Company

RICHARD S. ARNOLD, Circuit Judge.

This suit arises out of a motorcycle accident at a railroad crossing. On his way to work, Gerald Alumbaugh drove his motorcycle north along Fairfax Trafficway in Kansas City, Kansas, a route which he customarily took. As he drove over the tracks of the “Quindaro” crossing, he was thrown violently from his motorcycle when it twisted beneath him. He attributes the crash to a visible unevenness created in the rail crossing by deterioration of the rubber rail-crossing equipment, which caused a portion of the crossing to sink. He contends that the accident was a…