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KING v. N. Y., C. & ST. L. RD.

No. 5981.

6 Ohio App. 2d 123 (1966)

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

Court of Appeals of Ohio, Lucas County.

Decided May 18, 1966.

Attorney(s) appearing for the Case

Messrs. Spangenberg, Hasenflue & Shibley and Mr. Robert E. Bauman, for appellant.

Mr. Thomas Maguire and Messrs. Robison, Curphey & O'Connell, for appellee.

GRAY, J.

This cause is in this court on appeal on questions of law from a judgment of the Common Pleas Court of Lucas County.

The solution to the matters herein involved turns upon the construction of the pleadings filed in this cause.

Plaintiff filed three petitions. The gist of the complaint contained in the first petition is as follows:

"On or about the 31st day of January, 1962, plaintiff...

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