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CHICAGO AND NORTH WESTERN RAILWAY CO. v. BORK

No. 15248.

223 F.2d 652 (1955)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a Corporation, Appellant, v. Elmer BORK, as Administrator of the Estate of Otto Bork, Deceased, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 22, 1955.

Attorney(s) appearing for the Case

William S. Churchill, Huron, S. D. (Irwin A. Churchill, Huron, S. D., was with him on the brief), for appellant.

H. F. Fellows, Rapid City, S. D. (John E. Goodrich, Rapid City, S. D., was with him on the brief), for appellee.

Before SANBORN, JOHNSEN, and VAN OOSTERHOUT, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an appeal from judgment for plaintiff, Elmer Bork, as Administrator of the Estate of Otto Bork, deceased (appellee), upon a jury verdict on claim for the wrongful death of Otto Bork resulting from a collision between a truck owned and operated by Otto Bork and defendant's (appellant's) switch train. Jurisdiction is based on diversity of citizenship. Defendant at the close of the evidence moved for a directed verdict, and after...

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