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ERIE R. CO. v. O'DELL

No. 5618.

46 F.2d 300 (1931)

ERIE R. CO. v. O'DELL.

Circuit Court of Appeals, Sixth Circuit.

January 13, 1931.

Attorney(s) appearing for the Case

E. A. Foote, of Cleveland, Ohio (Cook, McGowan, Foote, Bushnell & Burgess, of Cleveland, Ohio, on the brief), for appellant.

John Ruffalo, of Youngstown, Ohio (Edwin Drake, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.

PER CURIAM.

Plaintiff brought suit for the death of her husband, O'Dell, resulting from a collision of the automobile he was driving with one of the defendant's trains at State street crossing in the village of Barberton, Ohio. It was alleged that the defendant was negligent in the operation of its train and in maintaining a rough and irregular crossing. The answer denied negligence and pleaded contributory negligence. There was a judgment for the plaintiff. The sole...

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