CINCINNATI TRANSIT CO. v. RD. CO.

No. 8414.

109 Ohio App. 374 (1959)

CINCINNATI TRANSIT CO., APPELLANT, v. BALTIMORE & OHIO RD. CO., APPELLEE.

Court of Appeals of Ohio, Hamilton County.

Decided May 25, 1959.


Attorney(s) appearing for the Case

Mr. C. R. Beirne, for appellant.

Messrs. Waite, Schindel, Bayless & Schneider, for appellee.


LONG, J.

This is an action for damages sustained by plaintiff when its bus was struck by defendant's train. The case was tried to the court without a jury, and judgment was rendered for the defendant.

The collision occurred at the Mitchell Avenue grade crossing in the city of Cincinnati. When the bus reached the crossing, it made the usual safety stop, and then proceeded onto the tracks. As the bus crossed one rail of this track, there was a power failure...

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