KYES v. PENN. RD. CO.

No. 33002.

158 Ohio St. 362 (1952)

KYES, ADMR. (RENNER, ADMX., SUBSTITUTED PLAINTIFF), APPELLEE, v. THE PENNSYLVANIA RD. CO., APPELLANT.

Supreme Court of Ohio.

Decided December 17, 1952.


Attorney(s) appearing for the Case

Messrs. Falls, Hazel & Kerr and Mr. L. M. Kyes, for appellee.

Messrs. Burt, Carson, Lynch & Vogelgesang for appellant.


WEYGANDT, C. J.

This litigation results from a railroad crossing collision at about one o'clock at night. Four young men were riding in the automobile that was struck. Three of the four were brothers. All were killed instantly. This decedent was one of the brothers. All lived in Enon Valley, Pennsylvania.

The defendant contends that the trial court was in error in permitting the substitution of the present administratrix for the ancillary administrator, the...

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