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ERIE R. CO. v. JOHNSON

No. 7847.

106 F.2d 550 (1939)

ERIE R. CO. v. JOHNSON.

Circuit Court of Appeals, Sixth Circuit.

September 18, 1939.

Attorney(s) appearing for the Case

Foote, Bushnell, Burgess & Chandler, of Cleveland, Ohio, for appellant.

Boyle, Boyle & Connor, of Warren, Ohio, for appellee.

Before HICKS, ALLEN, and ARANT, Circuit Judges.

ARANT, Circuit Judge.

Appellee recovered a judgment against the Erie Railroad Company for alleged assault and battery, false imprisonment and malicious prosecution.

Appellant's liability was predicated upon the acts of certain police officers commissioned by the Governor of the State of Ohio, but compensated by appellant, pursuant to Sections 9150 and 9151 of the Ohio General Code. The latter Section provides, in part:

"Policemen so appointed, and...

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