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BALTIMORE AND OHIO RAILROAD COMPANY v. HENERY

No. 12742.

235 F.2d 770 (1956)

The BALTIMORE AND OHIO RAILROAD COMPANY, Appellant, v. Kate S. HENERY, as Administratrix of the Estate of J. Harry Henery, deceased, Appellee.

United States Court of Appeals Sixth Circuit.

August 14, 1956.

Attorney(s) appearing for the Case

John C. Graham, Zanesville, Ohio, Graham, Graham, Gottlieb & Johnston, Zanesville, Ohio, on the brief, for appellant.

Frank E. Bennett, Columbus, Ohio, Emmett Abel, McConnelsville, Ohio, on the brief, for appellee.

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

ALLEN, Circuit Judge.

This appeal arose out of an action for wrongful death filed in the state court and removed to the federal court on the ground of diversity. The following facts are not controverted:

On March 13, 1951, at about 10:00 o'clock in the morning the decedent, driving a 1936 Plymouth automobile north on a township road in Morgan County, Ohio, proceeded partially across appellant's railroad track at the so-called Henery crossing, and was struck...

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