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BALTIMORE & O. R. CO. v. JOSEPH

Nos. 8148, 8149.

112 F.2d 518 (1940)

BALTIMORE & O. R. CO. v. JOSEPH. SAME v. WINLAND.

Circuit Court of Appeals, Sixth Circuit.

June 7, 1940.

Attorney(s) appearing for the Case

Sidney D. L. Jackson, Jr., of Cleveland, Ohio, and Roy W. Lewis, of St. Clairsville, Ohio (Earl R. Lewis, of St. Clairsville, Ohio, Sidney D. L. Jackson, Jr., of Cleveland, Ohio, Thornburg & Lewis, of St. Clairsville, Ohio, and Baker, Hostetler & Patterson, of Cleveland, Ohio, on the brief), for appellant.

John D. Gardner, of Steubenville, Ohio (John D. Gardner, of Steubenville, Ohio, and Dixon & Dolfi, of Martins Ferry, Ohio, on the brief), for appellees.

Before ALLEN, HAMILTON, and ARANT, Circuit Judges.

ARANT, Circuit Judge.

These appeals are from judgments in suits to recover for the wrongful death of Wilma Winland and for personal injuries and other damages sustained by Thomas Winland. The suits arose out of the same accident, were tried together in the District Court and argued together here.

On Sunday, February 7, 1937, Winland and his wife, Wilma, took his tools to the Stanley Mine, in Belmont County, Ohio, where he was to begin work as a coal miner...

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