Osgood v. Erie Lackawanna Railroad

Order unanimously affirmed, with costs. Memorandum: Defendant railroad company appeals from a denial of its motion to dismiss plaintiff’s complaint. Plaintiff seeks to recover for injuries suffered when she was driving her motorcycle across defendant’s railroad tracks. She alleges that the defendant was negligent in the maintenance of its tracks at the crossing where the accident occurred. In its answer the railway interposed an order of the United States District Court for the Northern District of Ohio which defendant avers is a bar to plaintiff’s action. Under one of the provisions, inter…