Preston v. Baltimore & Ohio Railroad

This cause is before this court on appeal from a judgment of the Lucas County Court of Common Pleas.

On May 25, 1982, appellant Richard Preston cut school after his second hour to go fishing with a friend in a nearby pond. Appellant was, at the time, sixteen years of age and in the eighth grade at Eastside Junior High School. A railroad, owned by appellee Toledo Terminal, was located in the area of the pond. A train, owned by ap-pellee B & 0 Railroad Company and located on Toledo Terminal’s railroad tracks, had been stationary and blocking the grade crossing at Seaman Street for what various…