Strouse v. Baltimore & Ohio Rd.

This is an action of tort to recover for personal injuries and property damage received by appellants’ intestate on December 18, 1940, in Wayne county, Ohio, through the alleged negligence of the Baltimore & Ohio Eailroad Company in the operation of its business. The question of law to be determined relates to the right of the trial court to decide as a matter of law, as it did, upon the pleadings and opening statement of counsel, the nonliability of the railroad company to this appellant.

The petition relates that the decedent was the owner of and a passenger in an automobile operated by her…