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LINCOLN CITY LINES v. SCHMIDT

No. 15672.

245 F.2d 600 (1957)

LINCOLN CITY LINES, Inc., a Corporation, Appellant, v. Julia Harvey SCHMIDT, Mother and Next Friend for and on behalf of Maxine Harvey, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 9, 1957.

Attorney(s) appearing for the Case

John R. Doyle, Lincoln, Neb. (Frank B. Morrison and Doyle, Morrison & Doyle, Lincoln, Neb., on the brief), for appellant.

Arthur E. Perry, Lincoln, Neb. (E. B. Perry, R. R. Perry and W. W. Nuernberger, Lincoln, Neb., on the brief), for appellee.

Before GARDNER, Chief Judge, WOODROUGH, Circuit Judge, and DONOVAN, District Judge.

WOODROUGH, Circuit Judge.

The mother of Maxine Harvey, a child of fourteen years, brought this action on the minor's behalf for damages for personal injuries suffered by the minor while she was riding as a paying passenger on the school bus operated by the defendant, Lincoln City Lines, Inc., and it was brought into collision with a train going seventy miles an hour, operated by the other defendant, Chicago, Burlington and Quincy Railroad Company, at about ten minutes...

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