BAKER v. MILLER

No. 4077.

33 Ohio App. 2d 248 (1972)

BAKER ET AL., APPELLANTS, v. MILLER ET AL., APPELLEES.

Court of Appeals of Ohio, Montgomery County.

Decided October 20, 1972.


Attorney(s) appearing for the Case

Messrs. Bieser, Greer & Landis, for appellants.

Messrs. Altick, McDaniel & Radabaugh, for appellee Miller.

Mr. Robert E. Harrington and Mr. C. Richard Grieser, for appellee Smith.


KERNS, J.

On January 9, 1970, a collision occurred which involved a train owned by plaintiff Penn Central Transportation Company, an appellant herein, and a car operated by defendant Carolyn L. Miller, an appellee herein, at a railroad crossing on Diamond Mill Road in Montgomery County, Ohio. At the time of the collision, defendant Charles M. Smith, an appellee herein, was an employee of Penn Central. He was working on the train and apparently fell and sustained injuries...

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