Hebel v. Conrail, Inc.

475 N.E.2d 652 (1985)

Robert HEBEL, Personal Representative for Richard C. Hebel, Deceased, Appellant (Plaintiff below),

v.

CONRAIL, INC., Appellee (Defendant below).

No. 385S81.

Supreme Court of Indiana.

March 14, 1985.

Douglas C. Holland, Lawrenceburg, for appellant.

John F. Stroup, Lawrenceburg, Nicholas C. Nizamoff, White & Raub, Indianapolis, for appellee.

ON CIVIL PETITION TO TRANSFER

PRENTICE, Justice.

The evidence favorable to the judgment of the trial court is as follows:

On February 22, 1977, at approximately 6:00 a.m., a boxcar in Defendant's (Conrail) freight train heading east toward…