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HILLIARD v. PENNSYLVANIA R. CO.

No. 6441.

73 F.2d 473 (1934)

HILLIARD v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Sixth Circuit.

November 7, 1934.

Attorney(s) appearing for the Case

M. C. Harrison, of Cleveland, Ohio (Harrison & Marshman and Krieg & Stendel, all of Cleveland, Ohio, on the brief), for appellant.

T. L. Jackson, of Youngstown, Ohio (Harrington, Huxley & Smith, of Youngstown, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

MOORMAN, Circuit Judge.

Appellant was injured in the state of Pennsylvania by one of appellee's trains when he was three and a half years old. Eighteen years later he brought this suit in Ohio to recover for the injuries, alleging that they were caused by the negligence of the crew in charge of the train. The appellee by answer denied the allegations of negligence and pleaded, in bar of the action, the Pennsylvania statute of limitation, which it alleged was applicable...

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