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DICKELMAN MFG. CO. v. PENNSYLVANIA R. CO.

No. 3366.

34 F.2d 70 (1929)

DICKELMAN MFG. CO. v. PENNSYLVANIA R. CO.

District Court, N. D. Ohio, W. D.

January 23, 1929.

Attorney(s) appearing for the Case

Geo. E. Schroth and Tracy, Chapman & Welles, of Toledo, Ohio, for plaintiff.

Wheeher, Bentley & Neville, of Lima, Ohio, and Fraser, Hiett, Wall & Effler, of Toledo, Ohio, for defendant.

HAHN, District Judge.

Plaintiff's cause of action is based upon the first sentence of section 8970 of the General Code of Ohio, which is as follows:

"Every company * * * operating a railroad or a part of one shall be liable for all loss or damage by fires originating upon the land belonging to it caused by operating such road."

Plaintiff claims that its property was damaged by fire which was caused by a wreck upon the defendant's right of way. The...

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