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LALLATIN v. TERRY

No. 8712.

340 P.2d 112 (1959)

Rita B. LALLATIN and Anton Fred Lallatin, Elizabeth Jeannie Lallatin and Lynn B. Lallatin, Minors, by Rita B. Lallatin, their Guardian ad litem, Plaintiffs-Appellants, v. Jay W. TERRY and Dyke's Electric Co., a corporation, Defendants-Respondents.

Supreme Court of Idaho.

June 5, 1959.

Attorney(s) appearing for the Case

Gee & Hargraves, Pocatello, for appellants.

L. F. Racine, Jr., Pocatello, for respondent Dyke's Electric Co.

E. H. Casterlin and Hugh C. Maguire, Jr., Pocatello, for respondent Terry.

TAYLOR, Justice.

Plaintiffs (appellants) are the surviving widow and children of Anton H. Lallatin, deceased. At about 7:30 a. m. on January 31, 1957, the deceased was struck and killed by an automobile driven by the defendant (respondent) Jay W. Terry. The accident occurred on U. S. Highway 30 about eight miles west of Soda Springs. The deceased and witness Noble W. Hussey, as employees of the state highway department, were engaged in plowing snow from the highway...

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