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N.Y., C. & ST. L.R. CO. v. MERC. NATL. BK.

No. 19,086.

130 Ind. App. 638 (1960)

165 N.E.2d 382

NEW YORK, CHICAGO & ST. LOUIS RAILROAD COMPANY v. MERCANTILE NATIONAL BANK, ADMINISTRATOR, ETC.

Court of Appeals of Indiana.

Rehearing denied April 22, 1960.

Transfer denied June 14, 1960.

Attorney(s) appearing for the Case

Batton, Harker, & Rauch, of Marion, Sammons & Sammons, of Kentland, Harker, Irwin, Campbell & Harker, of Frankfort, and Clay Marsteller, of counsel, of Cleveland, Ohio, for appellant.

Rudolph Tanasijevich, Julius H. Sachs, Saul I. Ruman, all of Hammond, J. Edwin Barce, John Barce and Barce & Barce, of Kentland, for appellee.

COOPER, J.

This action was commenced by the filing of a complaint by the plaintiff below, appellee herein, against the defendant below, appellant herein. The case was filed in the Lake Circuit Court and later venued to Newton Circuit Court where the trial was had.

The complaint alleges in substance that on or about the 7th day of September, 1952, plaintiff's decedent, Mary Marie Black, deceased, was riding in an automobile driven by her husband, James Black...

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