Legal Opinion

Nice v. Pennsylvania Railroad

District Court, N.D. Ohio

Decided January 2, 1959No. Civ. A. No. 33141PublishedCited by 2 opinions

1Opinion of the Court

OPINION

By WEICK, District Judge.

This case involves a crossing accident.

Plaintiff’s decedent was driving his truck loaded with eggs on a country road over a railroad crossing when he was struck and killed by a passenger train.

The accident happened shortly after 9:00 o’clock in the morning on a cold, clear, dry day in broad daylight.

The railroad tracks crossed the highway at grade and at an angle of 32% degrees.

The right of way of the railroad was 125 feet wide and contained four sets of tracks. It was straight and then was a clear and unobstructed view in the direction from which the train was…

2Cases cited3 opinions

  1. Detroit, Toledo & Ironton Rd. Co. v. RohrsOhio Supreme Court · 1926
  2. Flusk v. Erie R. Co.District Court, D. New Jersey · 1953
  3. Price v. New York Central SystemDistrict Court, N.D. Ohio · 1950

3Cited by2 opinions

  1. Francis Edward Anderer v. The Baltimore and Ohio Railroad CompanyCourt of Appeals for the Sixth Circuit · 1962
  2. McCormick v. City of WildwoodDistrict Court, D. New Jersey · 1977

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