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FITZSIMMONS v. QUACKENBUSH

No. 1957.

141 F.Supp. 817 (1956)

Howard FITZSIMMONS, as Administrator of the Estate of Charles F. Bruggner, deceased, v. Reginald J. QUACKENBUSH and Motorcar Transport Company, a Michigan corporation.

United States District Court N. D. Indiana, South Bend Division.

June 23, 1956.

Attorney(s) appearing for the Case

Chester & Chester, William R. Nicholson, Elkhart, Ind., for plaintiff

Roland Obenchain, Jr., and James H. Pankow, South Bend, Ind., for defendants.

PARKINSON, District Judge.

This is an action in damages for alleged wrongful death tried to the court and it is the cause on the merits which now solicits the decision of this court.

Section 47-2019(a), Burns' 1952 Replacement, provides as follows:

"The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the condition of the highway."

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