Eugene Ludwig, As Guardian of the Estate of Richard Paulzatek, a Minor, Teresa Serratoni, Administratrix of Theestate of Joan Ellen Zatek, Teresa Serratoni, Administratrixof the Estate of John Michael Zatek, Deceased, John Zatekand Wolverine Insurance Co., a Michigan Corporation, Assubrogee of John Zatek, Teresa Serratoni, Administratrix Ofthe Estate of Lois Jane Zatek, Plaintiff-appellees v. the Chesapeake and Ohio Railway Co., Defendant-appellant, 359 F.2d 857 (6th Cir. 1965)

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US Court of Appeals for the Sixth Circuit - 359 F.2d 857 (6th Cir. 1965) Dec. 10, 1965

Before WEICK, Chief Judge, and PHILLIPS and EDWARDS, Circuit Judges.


In the first appeal of these cases we held that the evidence was sufficient to require submission of the issue of negligence to the jury. We vacated the judgments and remanded for entry of judgments in accordance with the jury's verdicts. 333 F.2d 621 (1964) cert. denied 379 U.S. 960, 85 S. Ct. 648, 13 L. Ed. 2d 555.

Following the remand the District Judge entered judgments on the verdicts. Motions for a new trial were then filed and denied by District Judge Freeman in a well considered opinion. We are in full agreement with Judge Freeman's opinion, which we think adequately and correctly disposes of all issues properly raised in the present appeal.

The judgments are affirmed.