CALLAHAN, ADMR., ETC. v. N.Y. CENT. R.R. CO.

No. 18,613.

125 Ind. App. 631 (1955)

125 N.E.2d 263

CALLAHAN, ADMINISTRATOR OF ESTATE OF PATTERSON v. NEW YORK CENTRAL RAILROAD COMPANY.

Court of Appeals of Indiana.

Rehearing denied May 9, 1955.

Transfer denied October 10, 1955.


Attorney(s) appearing for the Case

Kenneth C. Miller, of Brazil, Robert J. McPeak, and Hansford C. Mann, of Terre Haute, for appellant.

Harvey L. Fisher, of Brazil, and Jerdie D. Lewis, of Terre Haute, for appellee.


KENDALL, J.

This is an action for wrongful death of appellant's decedent, Harry Patterson, on January 13, 1950, at approximately 11:00 a.m., at Haythorne Street Crossing, east of Terre Haute, Indiana.

Appellant contends that the decedent was riding in a truck operated by Kendall Hooker while appellee contends that there was no evidence whether Mr. Hooker was driving or not. Other occupants of the truck were Mrs. Hooker and their two children. All five occupants...

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