MITCHELL v. N. Y. C. RD. CO.

No. 1049.

99 Ohio App. 533 (1955)

MITCHELL, ADMR., APPELLANT, v. THE NEW YORK CENTRAL RD. CO., APPELLEE.

Court of Appeals of Ohio, Marion County.

Decided February 5, 1955.


Attorney(s) appearing for the Case

Messrs. Bowers, Feighner & Palmer and Messrs. Strelitz, Halberstein & Mitchell, for appellant.

Mr. Ralph E. Carhart and Mr. Robert O. Stout, for appellee.


MIDDLETON, J.

This is an appeal on questions of law from a judgment entered by the Court of Common Pleas of Marion County in an action for the wrongful death of McClellan Miller, brought by the administrator of his estate.

Upon trial, the jury returned a verdict for the defendant and final judgment for the defendant was rendered. It is from such judgment that appeal is prosecuted to this court.

At the time of the collision the plaintiff's decedent...

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