BALTIMORE & O. R. CO. v. GOODMAN

No. 4421.

10 F.2d 58 (1926)

BALTIMORE & O. R. CO. v. GOODMAN.

Circuit Court of Appeals, Sixth Circuit.

January 5, 1926.


Attorney(s) appearing for the Case

Marshall & Harlan, of Dayton, Ohio, for plaintiff in error.

Mattern, Brumbaugh & Mattern, and I. L. Jacobson, all of Dayton, Ohio, for defendant in error.

Before DONAHUE, MOORMAN, and KNAPPEN, Circuit Judges.


MOORMAN, Circuit Judge.

This is an action for damages for the death of Nathan Goodman resulting from the collision of a truck with a railroad train at a grade crossing in an unincorporated village in Montgomery county, Ohio. The collision occurred in the daytime. The truck was moving eastwardly on the public highway and the train was running in a southwesterly direction. Plaintiff's evidence tended to show that deceased reduced the speed of the truck, when about 40...

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