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YEAROUT v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC R. CO.

No. 8806.

354 P.2d 759 (1960)

Clifford YEAROUT, Plaintiff-Respondent, v. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD CO., a corporation, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied September 8, 1960.

Attorney(s) appearing for the Case

Elder, Elder & Mitchell, Coeur d'Alene, for appellant.

McFarland & McFarland, Coeur d'Alene, for respondent.

TAYLOR, Chief Justice.

About 6:00 p. m., June 20, 1956, a truck owned and driven by plaintiff's (respondent's) son, was struck by defendant's (appellant's) train at a crossing on U. S. highway 95A in St. Maries. Plaintiff was a passenger, riding in the cab of the truck on the righthand side. The train approached the crossing on a righthand curve and from the right side of the truck. Both truck and train approached the crossing at a low rate of speed, approximating...

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