SPINELLO v. RD. CO.

No. 37168.

173 Ohio St. 324 (1962)

SPINELLO, EXR., APPELLEE, v. NEW YORK, CHICAGO & ST. LOUIS RD. CO., APPELLANT.

Supreme Court of Ohio.

Decided April 25, 1962.


Attorney(s) appearing for the Case

Messrs. Young & Young, for appellee.

Messrs. Williams, Robison & Curphey and Messrs. Carpenter & Paffenbarger, for appellant.


ZIMMERMAN, J.

In the petition, plaintiff charges defendant with negligence in the following language:

"Plaintiff further says that the defendant was guilty of negligence in that although the defendant had or should have had transportation for its said employees [Oddo and Evans] on its own tracks from Hartland Station to Norwalk, Ohio, that it directed and ordered plaintiff's decedent to return to Norwalk by automobile, well knowing that said highways were...

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