CHESAPEAKE & O. R. CO. v. LUSHBAUGH

Nos. 4694, 4695.

17 F.2d 986 (1927)

CHESAPEAKE & O. R. CO. v. LUSHBAUGH. SAME v. TEMPLE.

Circuit Court of Appeals, Sixth Circuit.

March 10, 1927.


Attorney(s) appearing for the Case

Fred C. Rector, of Columbus, Ohio (Henry Bannon, of Portsmouth, Ohio, on the brief), for plaintiff in error.

R. B. Newcomb, of Cleveland, Ohio (Pugh & Pugh, of Columbus, Ohio, and Newcomb, Newcomb & Nord, of Cleveland, Ohio, on the brief), for defendants in error.

Before MACK and MOORMAN, Circuit Judges, and DAWSON, District Judge.


PER CURIAM.

These cases present the same questions of law and fact. They were argued and may be disposed of together.

The first error assigned relates to the charge given in the Lushbaugh Case, which is said by counsel for plaintiffs in error to be erroneous because it permitted a recovery if the defendant was negligent, whether its negligence was or was not the proximate cause of Lushbaugh's injuries. A sufficient answer to that contention is that the excerpts...

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