COBB, JR., v. BUSHEY

No. 31697.

152 Ohio St. 336 (1949)

COBB, JR., ADMR., APPELLEE, v. BUSHEY; THE BALTIMORE & OHIO RD. CO., APPELLANT.

Supreme Court of Ohio.

Decided December 14, 1949.


Attorney(s) appearing for the Case

Mr. J. Paul Brenton and Messrs. Pickrel, Schaeffer & Ebeling, for appellee.

Messrs. Marshall, Harlan & Smith, for appellant.


HART, J.

In the opinion of this court the answer of the jury, to interrogatory No. 5, to the effect that the operators of the train maintained a lookout on the tracks ahead of the train, together with the fact that there was no testimony from which it could be inferred that any failure to look for the approach of an automobile to the railroad crossing was a proximate cause of the collision, disposes of this claim of negligence adversely to the plaintiff.

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