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McFADDEN v. ELEMER C. BREUER TRANSPORTATION CO.

No. 32611.

156 Ohio St. 430 (1952)

McFADDEN, ADMX., APPELLANT, v. ELMER C. BREUER TRANSPORTATION CO. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided January 16, 1952.

Attorney(s) appearing for the Case

Mr. Samuel T. Gaines, Mr. A. H. Dudnik, Mr. M. L. Bernsteen and Mr. Joseph L. Sweeny, for appellant.

Messrs. Squire, Sanders & Dempsey and Mr. James C. Davis, for appellees.

MIDDLETON, J.

The defendant admits in its answer that the roll of steel fell from its truck. At the opening of the trial defendant stipulated that it was guilty of negligence proximately contributing to the death of the decedent and that the sole question at issue, so far as liability was concerned, was whether plaintiff's decedent was guilty of contributory negligence. The defendant asserted that such contributory negligence

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