BURDICK v. POWELL BROS. TRUCK LINES

No. 7736.

124 F.2d 694 (1941)

BURDICK v. POWELL BROS. TRUCK LINES, Inc., et al.

Circuit Court of Appeals, Seventh Circuit.

December 3, 1941.


Attorney(s) appearing for the Case

David J. Kadyk and Gordon R. Close, both of Chicago, Ill. (Lord, Bissell & Kadyk, of Chicago, Ill., of counsel), for appellants.

C. Helmer Johnson, of Chicago, Ill. (Thomas H. Murray, of Chicago, Ill., of counsel), for appellee.

Before SPARKS and KERNER, Circuit Judges, and LINDLEY, District Judge.


KERNER, Circuit Judge.

Plaintiff, as administratrix of the estate of Roderick R. Burdick, deceased, brought an action to recover damages sustained by reason of the death of her intestate, alleged to have been caused by the negligence of the defendants. The cause was tried to a jury resulting in a verdict of guilty, judgment was entered thereon, and defendants appeal.

In her complaint plaintiff alleged that her intestate was in the exercise of ordinary care...

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