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ORTON v. PENNSYLVANIA R. CO.

No. 4232.

7 F.2d 36 (1925)

ORTON v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Sixth Circuit.

July 3, 1925.

Attorney(s) appearing for the Case

Luther Day, of Cleveland, Ohio (Day & Day, of Cleveland, Ohio, and M. R. Smith, of Conneaut, Ohio, on the brief), for plaintiff in error.

Clan Crawford, of Cleveland, Ohio (Squire, Sanders & Dempsey and Thomas M. Kirby, all of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.

MOORMAN, Circuit Judge.

This writ brings in review the ruling of the District Court of the Northern District of Ohio in directing a verdict for the defendant at the conclusion of the plaintiff's evidence, in an action wherein the plaintiff sought damages for an injury sustained by the driving of an automobile in which he was riding into some gondola cars of defendant standing across a public highway.

The collision occurred at a country crossing about 9 o'clock...

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