PHILLIPS v. KURN

No. 12862.

145 F.2d 908 (1944)

PHILLIPS v. KURN et al.

Circuit Court of Appeals, Eighth Circuit.

December 14, 1944.


Attorney(s) appearing for the Case

S. L. Richardson, of Walnut Ridge, Ark. (W. P. Smith, of Walnut Ridge, Ark., on the brief), for appellant.

E. L. Westbrooke, of Jonesboro, Ark. (E. G. Nahler, of St. Louis, Mo., and E. L. Westbrooke, Jr., of Jonesboro, Ark., on the brief), for appellees.

Before STONE, SANBORN, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This is an action commenced in a state court of Arkansas by the administrator of the estate of W. Phillips, deceased, and removed by the defendant trustees of the St. Louis-San Francisco Railway Company to the federal court. The plaintiff seeks to recover judgment for damages for the death of his intestate and for the destruction of a truck resulting from a collision of the truck and a fast train of the defendants at a crossing in the town of...

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