GAJDA v. REICK-McJUNKIN DAIRY CO.

No. 4726.

18 F.2d 279 (1927)

GAJDA v. REICK-McJUNKIN DAIRY CO.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1927.


Attorney(s) appearing for the Case

Max S. Fishel, of Cleveland, Ohio (Bernsteen & Bernsteen, of Cleveland, Ohio, on the brief), for plaintiff in error.

W. L. Martindale, of Cleveland, Ohio (Wm. H. Thomas, of Cleveland, Ohio, on the brief), for defendant in error.

Before DENISON, MOORMAN, and KNAPPEN, Circuit Judges.


PER CURIAM.

This is an action for damages in causing the death of the deceased, a boy nine years old, who was struck and killed by defendant's truck, traveling on the public highway. Judgment was rendered for defendant on verdict directed by the court. This writ is to review that action.

The road was paved for a width of nine feet; a so-called ditch skirted the road on the north, separated from the paved portion by a "berm" of earth 3 feet in width, called...

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