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VERA CRUZ v. CHESAPEAKE & OHIO RAILWAY COMPANY

Civ. No. 2661.

192 F.Supp. 958 (1961)

Lois Bray VERA CRUZ, and Russell E. Sutton v. CHESAPEAKE & OHIO RAILWAY COMPANY, and Erie Railroad Company.

United States District Court N. D. Indiana, Hammond Division.

April 4, 1961.

Attorney(s) appearing for the Case

Saul I. Ruman (of Sachs, Ruman & Tanasijevich), Hammond, Ind., for plaintiffs.

Russell J. Wildman (of Cole, Wildman & Cole), Peru, Ind., for Chesapeake & Ohio R. Co.

Stanley Tweedle (of Lawyer, Friedrich, Petrie & Tweedle), Hammond, Ind., for Erie R. Co.

SWYGERT, Chief Judge.

The Indiana Wrongful Death Act (Burns' Ind.Stats.Anno. § 2-404) and the Indiana statute allowing recovery by a parent for the loss of services of a child (Burns' Ind.Stats.Anno. § 2-217) create independent and mutually exclusive actions. They neither afford optionally alternative remedies nor are they actions that can be pursued together. Mayhew v. Burns, 1885, 103 Ind. 328, 2 N.E. 793; Hahn v. Moore, 1956, 127 Ind...

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