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PENNSYLVANIA R. CO. v. CITY OF GIRARD

No. 11792.

210 F.2d 437 (1954)

PENNSYLVANIA R. CO. v. CITY OF GIRARD.

United States Court of Appeals Sixth Circuit.

February 11, 1954.

Attorney(s) appearing for the Case

Norman A. Emery, Youngstown, Ohio (Norman A. Emery, Jay C. Brownlee, Harrington, Huxley & Smith, Youngstown Ohio, on the brief), for appellant.

Reed S. Battin, Warren, Ohio (Reed S. Battin, Warren, Ohio, on the brief), for appellee.

Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This case arises out of an action filed in the state court by the city of Girard, Ohio, seeking damages from appellant railroad for the cost of removal of ashes and debris claimed to have been accumulated upon Byers Avenue, a street in the city of Girard, due to the negligence of the appellant in the operation and repair of its right of way. The petition prayed for a permanent injunction and also for the construction of a retaining wall to prevent...

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