MOONEY v. CENTRAL MOTOR LINES

No. 12233.

222 F.2d 569 (1955)

Leo T. MOONEY, Plaintiff-Appellant, v. CENTRAL MOTOR LINES, Inc., Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 26, 1955.


Attorney(s) appearing for the Case

C. Richard Grieser, Columbus, Ohio, argued, Alex S. Dombey, Columbus, Ohio, William A. Finn, Toledo, Ohio, on the brief for appellants.

Ernest C. Schatz, Toledo, Ohio, argued, Doyle, Lewis & Warner, Toledo, Ohio, on the brief for appellee.

Before MARTIN, McALLISTER, and MILLER, Circuit Judges.


McALLISTER, Circuit Judge.

The district court dismissed appellant's complaint, in a personal injury case, with prejudice. From a denial of a petition to set aside such order of dismissal, appellant seeks review.

Appellant's claim for damages arose out of a collision at a railroad crossing between appellee's truck and a Pennsylvania Railroad train on which appellant was engineer. On the day following the collision...

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