Opinion
No. 11604.
December 12, 1952.
Appeal from the United States District Court for the Northern District of Ohio; Frank Le Blond Kloeb, Judge.
Manuel Zimmerman, Toledo, Ohio, for appellant.
Joel Rhinefort, Toledo, Ohio, for appellee.
Before SIMONS, Chief Judge, and ALLEN and MILLER, Circuit Judges.
This case having been considered on the record, briefs and oral arguments of counsel for respective parties;
And the Court being of the opinion that considering the testimony in the list most favorable to the appellant, it was not error for the District Judge to direct a verdict for the appellee; Detroit, Toledo Ironton R. Company v. Rohrs, 114 Ohio St. 493, 151 N.E. 714; Woodworth, Admx. v. New York Central R. Company, 149 Ohio St. 543, 80 N.E.2d 142; Baltimore Ohio R. Company v. Joseph, 6 Cir., 112 F.2d 518, certiorari denied 312 U.S. 682, 61 S.Ct. 551, 85 L.Ed. 1121, rehearing denied 312 U.S. 714, 61 S.Ct. 710, 85 L.Ed. 1144; Detroit, Toledo Ironton R. Company v. Yeley, 6 Cir., 165 F.2d 375,
It is ordered that the judgment of the District Court be and is affirmed.