Legal Opinion
Jewell McTavish Administratrix of the Estate of Peter R. McTavish Deceased v. Chesapeake and Ohio Railroad Co.
Court of Appeals for the Sixth Circuit
Decided October 16, 1973No. 72-2085PublishedCited by 11 opinions
1Opinion of the Court
CELEBREZZE, Circuit Judge.
This is an appeal from the District Court’s entry of summary judgment for Appellee, Chesapeake and Ohio Railroad Co., in a wrongful death action by Appellant as administratrix of the estate of Peter R. McTavish, who was killed in an auto-train collision involving one of Ap pellee’s trains. Jurisdiction is based upon diversity of citizenship, and Kentucky law is therefore controlling.
McTavish was killed when his ear was struck at the grade crossing of Appellee’s tracks and Kentucky Highway 801 in Farmers, Kentucky. The crossing was marked with a standard yellow “RE”…
2Cases cited13 opinions
- Sartor v. Arkansas Natural Gas Corp.Supreme Court of the United States · 1944
- Eleanora B. Cobb Rogers v. Peabody Coal CompanyCourt of Appeals for the Sixth Circuit · 1965
- Ferguson v. FergusonSupreme Court of Virginia · 1971
- Bonn v. Sears, Roebuck & CompanyCourt of Appeals of Kentucky (pre-1976) · 1969
- Louisville and Nashville Railroad Co. v. FisherCourt of Appeals of Kentucky (pre-1976) · 1962
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cumberland Valley Contractors, Inc. v. Bell County Coal Corp.Kentucky Supreme Court · 2007
- Phillipe Dell Fargo v. City of San Juan BautistaCourt of Appeals for the Ninth Circuit · 1988
- Crumley v. Memorial Hospital, Inc.District Court, E.D. Tennessee · 1979
- Donald L. Donegan v. Beech Bend Raceway Park, Inc.Court of Appeals for the Sixth Circuit · 1990
- Ursula Ashby v. Hustler Magazine, Inc.Court of Appeals for the Sixth Circuit · 1986
6 more not listed; retrieve them via the Exa API.