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CHICAGO, R. I. & P. R. CO. v. LOVEJOY

Nos. 14627, 14628, 14629.

206 F.2d 77 (1953)

CHICAGO, R. I. & P. R. CO. v. LOVEJOY. CHICAGO, R. I. & P. R. CO. v. HOME TRUST & SAVINGS BANK OF OSAGE, IOWA. LOVEJOY v. CHICAGO, R. I. & P. R. CO.

United States Court of Appeals Eighth Circuit.

July 8, 1953.

Attorney(s) appearing for the Case

B. A. Webster, Jr., Des Moines, Iowa (R. L. Read and A. B. Howland, Des Moines, Iowa, on the brief), for Chicago, R. I. & P. R. Co.

Don W. Burington, Mason City, Iowa (Frank Elwood, Cresco, Iowa, and Wm. H. Salisbury, Osage, Iowa, on the brief), for Ralph G. Lovejoy, as Administrator of the Estates of Albert W. Lovejoy, Deceased, and Mary Josephine Lovejoy, Deceased, and Home Trust & Savings Bank of Osage, Iowa, as Guardian of the Property of Robert Lovejoy, a Minor.

Before GARDNER, Chief Judge, and JOHNSEN and COLLET, Circuit Judges.

JOHNSEN, Circuit Judge.

An automobile truck, driven by its owner and containing his wife and their 9-year old son as guests, collided with a passenger train, at a highway crossing, about two miles north of Mason City, in the State of Iowa. The father and the mother were killed, and the boy was injured.

The personal representatives of the two decedents' estates and the guardian for the minor brought separate suits against the Railroad, under Iowa law, for damages...

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