Legal Opinion

John McVicker and George F. Alger Company, Intervenor v. Chesapeake and Ohio Railway Company

Court of Appeals for the Sixth Circuit

Decided August 29, 1962No. 14574_1PublishedCited by 6 opinions

1Opinion of the Court

SHACKELFORD MILLER, Jr., Chief Judge.

This action was filed in the District Court by the plaintiff-appellee against the Chesapeake and Ohio Railway Company to recover damages for personal injuries suffered by him when a tractor trailer which he was driving was hit at a railroad crossing on a public highway in Indiana by a train being operated by the defendant. The parties will be referred to as they were in the District Court.

The material facts leading up to the accident are briefly stated as follows.

Plaintiff was employed by George F. Alger Company as a truck driver and was assigned to a…

2Cases cited14 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Opple v. RayIndiana Supreme Court · 1935
  3. Freeman v. Duluth, South Shore & Atlantic Railway Co.Michigan Supreme Court · 1889
  4. New York Central R.R. Co. v. CaseyIndiana Supreme Court · 1938
  5. Horn v. BaltimoreCourt of Appeals for the Sixth Circuit · 1893

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3Cited by6 opinions

  1. Turner v. American Motors General Corp.District of Columbia Court of Appeals · 1978
  2. Teresa Serratoni, as Administratrix of the Estate of Lois Jane Zatek, Deceased, and v. The Chesapeake and Ohio Railway Company, a Foreign Corporation, Andappellee. Eugene Ludwig, as Guardian of the Estate of Richard Paul Zatek, a Minor,teresa Serratoni, as Administratrix of the Estate of Joan Ellen Zatek,deceased, Teresa Serratoni, as Administratrix of the Estate of John Michaelzatek, Deceased, Johnzatek and Wolverine Insurance Co., a Michigan Corporation, as Subrogee of Johnzatek, and v. The Chesapeake and Ohio Railway Company, a Foreign Corporation, AndappelleeCourt of Appeals for the Sixth Circuit · 1964
  3. Luxen v. Holiday Inns, Inc.District Court, N.D. Illinois · 1983
  4. Serratoni v. Chesapeake & Ohio Railway Co.Court of Appeals for the Sixth Circuit · 1964
  5. Swearingen v. Linn County, KSDistrict Court, D. Kansas · 2022

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