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KELLY v. CORDLE

No. 15056.

217 F.2d 757 (1954)

Donald L. KELLY and Gross Common Carriers, Inc., a corporation, Appellants, v. W. R. CORDLE, as Trustee to Prosecute an Action for the Wrongful Death of Harry R. Cordle, Harlan T. Pritchard and Twin Cities-Winona Motor Express, Inc., a corporation, Appellees.

United States Court of Appeals Eighth Circuit.

December 23, 1954.

Attorney(s) appearing for the Case

Paul C. Thomas, St. Paul, Minn. (Mordaunt & Mordaunt, Minneapolis, Minn., on the brief), for appellants.

Lawrence M. Engelhard, La Crosse, Wis. (Engelhard, Snodgrass & Goerdt, La Crosse, Wis., on the brief), for appellees Harlan T. Pritchard and Twin Cities-Winona Motor Express, Inc.

F. H. Durham, Minneapolis, Minn. (A. M. Lystad, Minneapolis, Minn., on the brief), for appellee W. R. Cordle, as trustee to prosecute an action for wrongful death of Harry R. Cordle.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is from a judgment on jury verdict for $17,500 for the death of Harry R. Cordle, found to have been caused by the negligence of the defendants (appellants) Gross Common Cariers, Inc., and its employee Donald L. Kelly, who was in charge of its trailer-truck which inflicted the fatal injury. The judgment also dismissed with costs the action against the co-defendants (appellees herein) Harlan T. Pritchard and his employer Twin Cities...

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