Diebley v. New York, Chicago & St. Louis Rd.

This is an appeal on questions of law from a judgment of the Common Pleas Court in a negligence action, based on a verdict directed by the court after both parties had rested their respective cases.

The evidence is without conflict that, at about 9 a. m. on March 4, 1955, plaintiff, appellant herein, then seventeen, and four other girls from twelve to sixteen years of age were riding as passengers in a “convertible” automobile driven by one Barbara Agnew, then sixteen, with plaintiff occupying the right side of the rear seat; that they had just departed from their school at Arcadia, Ohio, had…