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ATCHISON, T. & S. F. RY. CO. v. HERBOLD

No. 3615.

169 F.2d 12 (1948)

ATCHISON, T. & S. F. RY. CO. v. HERBOLD.

Circuit Court of Appeals, Tenth Circuit.

July 14, 1948.

Attorney(s) appearing for the Case

E. C. Iden, of Albuquerque, N. M. (R. S. Outlaw, of Chicago, Ill., and B. G. Johnson, of Albuquerque, N. M., on the brief), for appellant.

George L. Reese, Jr., of Carlsbad, N. M. (Reese & McCormick, of Carlsbad, N. M., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an action for damages under the New Mexico Wrongful Death Statute1 brought by Johnny Herbold against the Atchison, Topeka and Santa Fe Railway Company.2

Frank J. Herbold3 died as the result of a collision between a passenger automobile driven by him and a regular passenger train of the Railway Company.

In the complaint it was alleged...

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