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B & O RAILROAD CO. v. BROWN

No. 172A6.

290 N.E.2d 742 (1972)

B & O RAILROAD CO., Defendant-Appellant, v. Robbie Sue BROWN, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

December 26, 1972.

Attorney(s) appearing for the Case

J. Lee McNeely, Matchett & McNeely, Shelbyville (Karl F. Walker, Rolfes, Garvey & Walker, Greensburg, of counsel), for defendant-appellant.

Harold V. Jones, Jr., Thompson & Jones, Columbus (Wickens, Wickens & Wilke, Greensburg, of counsel), for plaintiff-appellee.

LOWDERMILK, Judge.

This cause of action was tried on plaintiff-appellee's second amended complaint for personal injuries. In said amended complaint she charges the defendant-appellant railroad company (hereinafter referred to as "Railroad") with certain acts of common law negligence and certain acts of negligence which were charges of the Railroad's violation of the safety statutes.

Before the jury was instructed Railroad filed motions to withdraw from the...

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