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STEGEMAN v. PENNSYLVANIA R. CO.

No. 4141.

6 F.2d 873 (1925)

STEGEMAN v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Sixth Circuit.

July 3, 1925.

Attorney(s) appearing for the Case

Conn, Hoke & Wright, of Van Wert, Ohio, Ritter & Schminck, of Toledo, Ohio, Harry L. Conn, Kerns Wright, and C. V. Hoke, all of Van Wert, Ohio, and George W. Ritter, and Gerald F. Branigan, both of Toledo, Ohio, for plaintiff in error.

Wheeler & Bentley, of Lima, Ohio, and Marshall & Fraser, of Toledo, Ohio, for defendant in error.

Before DENISON, MACK, and ROSS, Circuit Judges.

DENISON, Circuit Judge.

An omnibus, containing a number of school children, was struck upon a grade crossing of the railroad and demolished. Several of the children were killed or injured. This action was brought by the father and administrator of one of the boys. The substantial ground of negligence was that the approaching train did not sound the statutory whistle and bell warnings. Under the charge of the court it is clear that the jury found there was no negligence...

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