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CHICAGO, R.I. & P. RY. v. SCHENDEL

Nos. 683, 684.

270 U.S. 611 (1926)

CHICAGO, ROCK ISLAND & PACIFIC RAILWAY COMPANY v. SCHENDEL, ADMINISTRATOR. THE SAME v. ELDER.

Supreme Court of United States.

Decided April 12, 1926.

Attorney(s) appearing for the Case

Mr. Edward S. Stringer, with whom Messrs. M.L. Bell, W.F. Dickinson, Daniel Taylor, Thomas D. O'Brien, and Alexander E. Horn were on the briefs, for petitioner.

Mr. Ernest A. Michel, with whom Mr. Tom Davis was on the briefs, for respondents.

MR. JUSTICE SUTHERLAND delivered the opinion of the Court.

These cases grow out of an accident on the line of the railway company in Iowa, in which Hope was killed and Elder was injured under circumstances establishing the negligence of the railway company and its consequent liability for damages. The defense in each case was that the controlling issue had become res judicata. In the Hope case, petitioner pleaded a final judgment, entered,

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