HARRIS v. PENN. RD. CO.

No. 35600.

168 Ohio St. 582 (1959)

HARRIS, APPELLEE, v. PENNSYLVANIA RD. CO., APPELLANT.

Supreme Court of Ohio.

Decided March 11, 1959.


Attorney(s) appearing for the Case

Mr. A. H. Dudnik and Mr. Marshall I. Nurenberg, for appellee.

Messrs. Hornbeck, Ritter & Victory, Mr. Edwin Knachel and Mr. John G. Cardinal, for appellant.


ZIMMERMAN, J.

The injury complained of occurred on the sleety, wet and sloppy early morning of March 28, 1953. On the evening of the previous day, plaintiff had been summoned by defendant to serve as a member of a "wreck train crew" to assist in retracking two derailed boxcars which had left the tracks of the Nickel Plate Railroad at the Northern Ohio Food Terminal near East 39th Street and Broadway Avenue in the city of Cleveland. One of the cars was retracked by...

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