Chesapeake & Ohio Ry. Co. v. Elk Refining Co.

PARKER, Chief Judge.

These are cross appeals in a railway crossing accident case. Plaintiffs in the court below were the Elk Refining Company, one of whose gasoline tractor-trailer units was struck and damaged at a railroad crossing, and the Fidelity-Phenix Fire Insurance Company, the insurance carrier on the damaged vehicle. The defendant was the Chesapeake & Ohio Railway Company, one of whose locomotives caused the damage in backing across the crossing. The case was heard by the District Judge without a jury and judgment was entered in favor of the plaintiff for the sum of $7,846.99, which…