District Court, N.D. Ohio June 4, 1964, Civ. A. No. C 63-169 (Firemen's Mutual Insurance v. Erie-Lackawanna Railroad)

GREEN, District Judge.

This action is brought by plaintiff as the assignee of the F. E. Myers & Bros. Company on a subrogated insurance claim.

It is alleged in plaintiff’s complaint that on July 4, 1961 a train operated by defendant derailed at or near the Myers plant, as a consequence of which butane gas escaped creating a dangerous condition in the area.