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GARRETT v. PENNSYLVANIA R. CO.

No. 4406.

47 F.2d 10 (1931)

GARRETT v. PENNSYLVANIA R. CO.

Circuit Court of Appeals, Seventh Circuit.

February 11, 1931.

Attorney(s) appearing for the Case

Raymond G. Real, of Mattoon, Ill., for appellant.

Harold F. Lindley, of Danville, Ill., and T. W. White and E. C. Hartman, both of St. Louis, Mo., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge.

This suit was brought to recover damages for the death of Viola Mae Garrett, who lost her life in a railroad crossing collision on April 22, 1929. The deceased was riding in the back seat of an Overland Sedan automobile driven by her mother. The complaint consisted of five counts. The first count was based on general negligence; the second count charged the failure of appellee's train to sound a crossing warning as it approached the crossing...

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