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PENNSYLVANIA R. CO. v. STEGAMAN

No. 4639.

22 F.2d 69 (1927)

PENNSYLVANIA R. CO. v. STEGAMAN.

Circuit Court of Appeals, Sixth Circuit.

October 14, 1927.

Attorney(s) appearing for the Case

George R. Effler, of Toledo, Ohio (Fraser, Hiett, Wall & Effler, of Toledo, Ohio, Wheeler & Bentley, of Lima, Ohio, on the brief), for plaintiff in error.

Geo. W. Ritter, of Toledo, Ohio, and Kerns Wright, of Van Wert, Ohio (Conn, Hoke & Wright, of Van Wert, Ohio, and Ritter & Brimback, of Toledo, Ohio, on the brief), for defendant in error.

Before DENISON and MOORMAN, Circuit Judges, and HOUGH, District Judge.

DENISON, Circuit Judge.

The defendant in error recovered a judgment on account of the death of his intestate, his minor son, under the circumstances described in our opinion in this case upon a former appeal (6 F.2d 873) and involved in the Overholt Cases (C. C. A.) 4 F.2d 1021.

Upon the trial there was substantial evidence that the statutory warnings by whistle and bell were not given. Hence...

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