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CUMMINS v. ERIE R. CO.

No. 6113.

63 F.2d 816 (1933)

CUMMINS v. ERIE R. CO.

Circuit Court of Appeals, Sixth Circuit.

March 13, 1933.

Attorney(s) appearing for the Case

John H. McNeal, of Cleveland, Ohio, for appellant.

C. O. Chandler, of Cleveland, Ohio (McGowan, Foote, Bushnell & Burgess, of Cleveland, Ohio, on the brief), for appellee.

Before HICKS, HICKENLOOPER, and SIMONS, Circuit Judges.

PER CURIAM.

Suit for damages for personal injuries. The question is whether the court erred in granting appellee's motion for a directed verdict.

On November 28, 1930, about 5:15 o'clock a. m., and before daylight, appellant, a taxicab driver, was injured when his car collided with the engine of a freight train at the intersection of Bowman street and appellee's double track railroad in Mansfield, Ohio. A passenger in the car was instantly killed.

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