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BRADY v. CONSOLIDATED RAIL CORP.

No. 87-387.

35 Ohio St. 3d 161 (1988)

BRADY ET AL., APPELLEES, v. CONSOLIDATED RAIL CORPORATION, APPELLANT, ET AL.

Supreme Court of Ohio.

Decided February 17, 1988.

Attorney(s) appearing for the Case

Brown, Lippert & Heile, C. Donald Heile and Marquette D. Evans, for appellees.

Dinsmore & Shohl, Gary D. Bullock and Kathleen Fehr McClure, for appellant.

HOLMES, J.

In determining whether the trial court properly granted summary judgment to appellant Conrail below, we must first decide whether a police officer injured in the performance of his duties on a railroad right-of-way is a licensee or an invitee with respect to the railroad. In Scheurer v. Trustees of the Open Bible Church (1963), 175 Ohio St. 163, 23 O.O. 2d 453, 192 N.E.2d 38, paragraph one of the syllabus...

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