ROTH v. SWANSON

No. 12876.

145 F.2d 262 (1944)

ROTH v. SWANSON.

Circuit Court of Appeals, Eighth Circuit.

November 3, 1944.


Attorney(s) appearing for the Case

Alfred E. Rietz, of St. Paul, Minn. (Warren Newcome, of St. Paul, Minn., and William T. Faricy and Nelson J. Wilcox, both of Chicago, Ill., on the brief), for appellant.

John Edmund Burke, of St. Paul, Minn. (Julian E. Morten, of Redwood Falls, Minn., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


SANBORN, Circuit Judge.

This appeal is from a judgment for the plaintiff (appellee), which was entered upon the verdict of a jury in an action brought to recover damages for the death of Colleen Swanson, who, on March 15, 1942, at the age of eight years, was killed when the automobile in which she was riding was struck by the engine of a passenger train of the Chicago and Northwestern Railway Company. The accident occurred in Walnut Grove, Minnesota (a village of...

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