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WELCH v. B. & O. RD. CO

No. 2629.

117 Ohio App. 160 (1961)

WELCH, ADMR., APPELLANT, v. THE BALTIMORE & OHIO RAILROAD CO., APPELLEE.

Court of Appeals of Ohio, Montgomery County.

Decided July 29, 1961.

Attorney(s) appearing for the Case

Messrs. Sharts, Singer & Brown, for appellant.

Messrs. Marshall & Smith, for appellee.

KERNS, J.

This is an action for wrongful death, commenced in the Court of Common Pleas of Montgomery County on March 31, 1958, by James D. Welch, as administrator of the estate of Kenneth E. Welch, deceased.

The defendant company owns certain railroad tracks which extend in a northerly and southerly direction in Montgomery County. These tracks pass over a trestle which spans the Great Miami River near the boundary...

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