CLARK v. BALTIMORE & O. R. CO.

No. 11437.

196 F.2d 206 (1952)

CLARK v. BALTIMORE & O. R. CO.

United States Court of Appeals Sixth Circuit.

April 10, 1952.


Attorney(s) appearing for the Case

Marston G. Bergmann and Robert H. Dawson, Cleveland, Ohio (Marston G. Bergmann, Cleveland, Ohio, on the brief), for appellant.

Dwight B. Buss, Cleveland, Ohio (William F. Marsteller, Dwight B. Buss, Cleveland, Ohio, on the brief; Baker, Hostetler & Patterson, Cleveland, Ohio, counsel), for appellee.

Before HICKS, Chief Judge, and ALLEN and McALLISTER, Circuit Judges.


McALLISTER, Circuit Judge.

This is an appeal from a directed verdict of no cause of action in a personal injury suit arising out of a collision between a Baltimore & Ohio Railroad locomotive and an automobile at a grade crossing in the Village of Middleburg Heights, Ohio.

On March 24, 1948, Edna Clark, a girl thirteen years old, for whom this suit was brought, her younger sister, and another girl of about the same age, were walking along a main traveled...

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