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COCA COLA BOTTLING CO. OF BLACK HILLS v. HUBBARD

No. 14665.

203 F.2d 859 (1953)

COCA COLA BOTTLING CO. OF BLACK HILLS et al. v. HUBBARD.

United States Court of Appeals Eighth Circuit.

April 27, 1953.

Attorney(s) appearing for the Case

Charles H. Whiting, Rapid City, S. D. (Kelton S. Lynn, Rapid City, S. D., on the brief), for appellants.

H. F. Fellows, Rapid City, S. D. (Burnell Hendricksen and Leonard Morrison, Rapid City, S. D., on the brief), for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

Angelo Hotchkins, a truck driver employed by The Coca Cola Bottling Company of the Black Hills, on June 30, 1951, had the misfortune to run one of the rear wheels of the Company's motor truck over Kermit Lee O'Dell, a two-year old child. The accident occurred in Piedmont, South Dakota, a small town of about 100 population. The child died, and this action was brought by the Administrator of his estate to recover damages for his alleged wrongful...

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