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HUMMEL v. B. & O. RD. CO.

No. 8612.

111 Ohio App. 168 (1959)

HUMMEL, A MINOR, APPELLANT, v. THE BALTIMORE & OHIO RAILROAD CO., APPELLEE.

Court of Appeals of Ohio, Hamilton County.

Decided December 21, 1959.

Attorney(s) appearing for the Case

Mr. Robert C. Porter, Jr., for appellant.

Messrs. Waite, Schindel, Bayless & Schneider and Mr. John M. O'Mara, for appellee.

MATTHEWS, P. J.

The plaintiff was a passenger in an automobile that collided with a train of defendant at the crossing of Dane Avenue and the railroad track in the city of Cincinnati. The plaintiff alleged that the collision occurred through the negligence of the defendant. The defendant denied that it was negligent and by a "Second Defense" alleged that the collision and the injuries to the plaintiff "were caused solely...

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