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CARTWRIGHT v. TRAYLOR BROS., INC.

No. 13135.

288 F.2d 196 (1961)

Margaret CARTWRIGHT, Administrator to Collect of the Estate of Wayne Kiester, Deceased, Plaintiff-Appellant, v. TRAYLOR BROS., INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

March 30, 1961.

Attorney(s) appearing for the Case

John L. Carroll, Edwin W. Johnson, Evansville, Ind., Johnson & Carroll, Evansville, Ind., of counsel, for appellant.

Herman L. McCray, Evansville, Ind., McCray & Clark, Evansville, Ind., of counsel, for appellee.

Before HASTINGS, Chief Judge, and MAJOR and KNOCH, Circuit Judges.

KNOCH, Circuit Judge.

Plaintiff brought this suit to recover damages for the alleged wrongful death of Wayne Kiester. At the conclusion of the plaintiff's case, the defendant moved for a directed verdict in its favor. The motion was granted, and this appeal followed.

The instruction to the jury read in part:

"Members of the jury, the plaintiff in this case sued the defendant to recover damages which plaintiff claims to be due for the reason that defendant...

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