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FANTOZZI v. RD. CO.

No. 33574.

161 Ohio St. 485 (1954)

FANTOZZI, EXRX., APPELLEE, v. THE NEW YORK, CHICAGO & ST. LOUIS RD. CO., APPELLANT.

Supreme Court of Ohio.

Decided May 26, 1954.

Attorney(s) appearing for the Case

Messrs. Catri & Catri, for appellee.

Messrs. Williams, Eversman & Black and Messrs. Flynn, Py & Kruse, for appellant.

STEWART, J.

Defendant has assigned in this court two principal errors. The first is the action of the Court of Appeals in finding error in the judgment of the Court of Common Pleas because that court failed to charge further on the fifth specification of negligence and in finding that counsel for plaintiff requested the court to do so, and, second, in the action of the Court of Appeals in finding that the Court of Common Pleas erroneously gave defendant's special...

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