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LESTER v. JURGENSEN CO

No. 18237.

19 Ohio Misc. 119 (1968)

LESTER, ADMX., APPELLANT, v. JOHN R. JURGENSEN COMPANY ET AL., APPELLEES.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1968.

Attorney(s) appearing for the Case

Mr. Andrew B. Dennison and Messrs. White, Getgey & Dennison, for appellant.

Mr. Robert C. McIntosh and Messrs. McIntosh & McIntosh, for McGovney, Vest & Bartell and Osman.

Mr. David P. Faulkner, Messrs. Benjamin, Faulkner & Tepe and Mr. R. Edward Tape, for Jurgensen.

Before WEICK, Chief Judge, and O'SULLIVAN and CELEBREZZE, Circuit Judges.

CELEBREZZE, Circuit Judge.

This diversity action presents the question: Under Ohio law, when can a passenger in an automobile be charged with the negligence of the driver? Plaintiff-appellant, the administratrix of the deceased passenger's estate, brought suit in the United States District Court for the Southern District of Ohio, which entered a judgment on a jury verdict for the defendants-appellees. Because of prejudicial error in the court's charge to the jury...

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