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MILLER v. UNION PAC. R. CO.

No. 9554.

63 F.2d 574 (1933)

MILLER v. UNION PAC. R. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 24, 1933.

Attorney(s) appearing for the Case

Martin J. O'Donnell, of Kansas City, Mo. (George H. Kelly and William Buchholz, both of Kansas City, Mo., on the brief), for appellant.

C. V. Garnett, of Kansas City, Mo. (T. M. Lillard and Bruce Hurd, both of Topeka, Kan., and Charles E. Whittaker and Watson, Ess, Groner, Barnett & Whittaker, all of Kansas City, Mo., on the brief), for appellee.

Before KENYON, GARDNER, and SANBORN, Circuit Judges.

GARDNER, Circuit Judge.

This is an action for damages for death by wrongful act. Plaintiff's intestates, Marcus Andlauer and Ellanore Andlauer, husband and wife, were killed on a railroad crossing near St. Marys, Kan., December 11, 1927. It is charged in the petition that the defendant railroad company was negligent in operating its train at an excessive speed; that the trainmen failed to sound the crossing whistle; that they failed to warn plaintiff's intestates...

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