William T. McCluskey Jr. v. Norfolk and Western Railway Company

This is a grade crossing accident case in Ohio wherein a 21-year-old driver of a soft drink truck was seriously injured, suffering retrograde amnesia, among other injuries, as a result of his truck being struck by defendant’s railroad train.

Plaintiff appeals from an order granting defendant’s motion to dismiss at the close of plaintiff’s proofs in this nonjury case. The order entered by a United States District Judge in the Northern District of Ohio, Western Division, found “that plaintiff has been guilty of contributory negligence, which negligence proximately contributed to the injuries…