John F. Newcomb, Administrator of the Estate of Herman L. Wahn, Deceased v. The Baltimore and Ohio Railroad Company

CECIL, Senior Circuit Judge.

This appeal arises out of a railroad-crossing accident which occurred on May 12, 1961, at about 5:50 p. m., near Athens, Ohio, at a point where Athens County Road No. 24, intersects the Baltimore and Ohio Railroad Company tracks. At the time and place above mentioned, one Herman L. Wahn, hereinafter called the deceased, was killed as a result of a collision between a train of the Baltimore and Ohio Railroad Company, defendant-appellant herein, and an automobile driven by the deceased.

John F. Newcomb, as administrator of the estate of the deceased, brought an action…