CHERRY v. BALTIMORE & OHIO RD. CO.

No. 71-543.

29 Ohio St. 2d 158 (1972)

CHERRY, APPELLEE, v. BALTIMORE & OHIO RD. CO., APPELLANT.

Supreme Court of Ohio.

Decided March 8, 1972.


Attorney(s) appearing for the Case

Mr. Robert L. McCarty, for appellee.

Mr. Frank J. Michelli, for appellant.


Per Curiam.

In addition to the facts of record, it was acknowledged in oral argument before this court that counsel for the plaintiff-appellee left it up to his client to contact Dr. Thompson relative to his appearance at the second trial; that counsel kept no record of and could not recall the date upon which he was notified by the trial court that the second trial was set for November 17; and that counsel failed to ascertain whether the doctor would be available...

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