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BUSTER v. BALTIMORE & OHIO RAILROAD CO.

No. 13216.

252 F.2d 173 (1958)

Reba Ann BUSTER, as Administratrix of the Estate of James E. Buster, Deceased, Plaintiff-Appellant, v. BALTIMORE & OHIO RAILROAD CO. and The Pennsylvania Railroad Co., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

February 19, 1958.

Attorney(s) appearing for the Case

John L. Undercoffer, Cincinnati, Ohio (Carl H. Ebert, Newport, Ky., Don B. Ahlers, Cincinnati, Ohio, on the brief), for appellant.

John W. Hudson, Cincinnati, Ohio, for The Pennsylvania R. R. Co.

Philip J. Schneider, Cincinnati, Ohio (John M. O'Mara, Cincinnati, Ohio, on the brief), for The Baltimore & Ohio R. R. Co.

Before SIMONS, Chief Judge, and BOYD and LEVIN, District Judges.

PER CURIAM.

This is an appeal from a verdict directed for the appellees on the ground that under Ohio's assured clear distance rule, appellant's decedent was contributorily negligent as a matter of law.

The facts are: Appellant's decedent, James Edward Buster, was a truck driver for the O. K. Trucking Company of Cincinnati, Ohio. On January 26, 1955 at about 11:00 P.M., he was driving a large, fully loaded tractor-trailer in an easterly direction over Front...

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