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FOSHEE v. DAOUST CONST. CO.

No. 10140.

185 F.2d 23 (1950)

FOSHEE et al. v. DAOUST CONST. CO. et al.

United States Court of Appeals Seventh Circuit.

Decided November 6, 1950.

Rehearing Denied December 2, 1950.

Attorney(s) appearing for the Case

J. A. Bruggeman, Phil M. McNagny, F. E. Zollars, Barrett, Barrett & McNagny, all of Fort Wayne, Ind., for appellant.

Arthur W. Parry, Merl A. Barns, Parry & Barns, Reed, Cleland, Eggeman & Torborg, all of Fort Wayne, Ind., for appellees.

Before MAJOR, Chief Judge, and KERNER and DUFFY, Circuit Judges.

MAJOR, Chief Judge.

Plaintiff's decedent, William R. Foshee, on the 7th day of October, 1947, was killed as a result of a collision between the engine of a passenger train of the Pennsylvania Railroad Company and a tournapull owned and operated by the defendant, Daoust Construction Company. The decedent at the time of the collision was an assistant road foreman of engines and was riding in the engineer's cab. The collision took place at a highway intersection in Allen...

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