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LINARD v. PENNSYLVANIA R. CO.

No. 11082.

181 F.2d 342 (1950)

LINARD v. PENNSYLVANIA R. CO.

United States Court of Appeals Sixth Circuit.

April 21, 1950.

Attorney(s) appearing for the Case

Lyman Brownfield, Columbus, Ohio, and Charles Schwenker, Columbus, Ohio (Brownfield, Schwenker & Teaford, Lyman Brownfield and Charles V. Schwenker, Columbus, Ohio, of counsel), for appellant.

Charles S. Gillispie, Columbus, Ohio (Porter, Stanley, Treffinger & Platt, Charles S. Gillispie, Columbus, Ohio, of counsel), for appellee.

Before SIMONS, McALLISTER, and MILLER, Circuit Judges.

PER CURIAM.

The appellant appeals from a judgment dismissing his amended complaint.

The amended complaint alleges that on June 17, 1925, while riding as a passenger in an automobile operated by his father, he was struck by a train being operated by the defendant near Port Washington, Ohio, and suffered serious injuries thereby; that the accident was proximately caused by the negligence of the defendant; that he was 2½ years of age at the time; that about...

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