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BERGMAN v. NORTHERN PAC. RY. CO.

No. 7403.

14 F.2d 580 (1926)

BERGMAN v. NORTHERN PAC. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

August 3, 1926.

Attorney(s) appearing for the Case

Patrick J. Ryan, of St. Paul, Minn., for plaintiff in error.

Frederic D. McCarthy, of St. Paul, Minn. (B. W. Scandrett, of St. Paul, Minn., on the brief), for defendant in error.

Before BOOTH, Circuit Judge, and PHILLIPS and KENNAMER, District Judges.

KENNAMER, District Judge.

This action was instituted to recover damages for the alleged wrongful death of John Bergman, who was killed on the 21st day of April, 1924, near Moose Lake, Minn. The facts are that the deceased was driving a Ford truck from St. Paul to Duluth with a load of furniture, and was accompanied by an assistant, a Mr. Woodward. The deceased was killed by reason of the defendant's train striking the Ford truck upon a railroad crossing where state...

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