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MILLS v. PENNSYLVANIA NEW YORK CENTRAL TRANSPORTATION CO.

No. 68-189.

16 Ohio St. 2d 97 (1968)

MILLS, APPELLANT, v. THE PENNSYLVANIA NEW YORK CENTRAL TRANSPORTATION CO., APPELLEE.

Supreme Court of Ohio.

Decided December 24, 1968.

Attorney(s) appearing for the Case

Messrs. Tyler, Richards & Grieser, Mr. Robert C. Tyler and Mr. C. Richard Grieser, for appellant.

Mr. Roy W. Short and Mr. Edward J. Utz, for appellee.

MATTHIAS, J.

This case must be decided in light of the United States Supreme Court cases interpreting the Federal Employer's Liability Act. Those cases most heavily relied upon by appellant may be summarized as follows:

In Rogers v. Missouri Pacific Rd. Co., 352 U.S. 500, the petitioner was working burning weeds that had grown up beside the railroad tracks. When a train came by, petitioner moved to a position near...

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