ROE v. BRYANT & JOHNSTON COMPANY

Civ. No. 20642.

193 F.Supp. 804 (1961)

Ernest J. ROE, Sr., Administrator of the Estate of Ernest J. Roe, Jr., Deceased, Plaintiff, v. BRYANT & JOHNSTON COMPANY, a Tennessee corporation, and Benton Elwood Estes, Defendants and Third-Party Plaintiffs, v. Elton MORRISON, Chester Salow and Hazel A. Salow, Third-Party Defendants.

United States District Court E. D. Michigan, S. D.

April 26, 1961.


Attorney(s) appearing for the Case

Slyfield, Hartman, Reitz & Tait, Detroit, Mich., for plaintiff.

Garan, Lucow & Miller, Detroit, Mich., for defendants and third-party plaintiffs.

Henry C. Odbert, Detroit, Mich., for Elton Morrison.

William D. Eggenberger, Detroit, Mich., for Chester and Hazel A. Salow.


FREEMAN, District Judge.

This is a motion to dismiss the third-party complaint in a wrongful death action arising out of an automobile accident. Plaintiff seeks to recover damages from the defendant truck driver and from the defendant corporation which employed the driver and owned the truck in question.

The complaint charges the defendant driver with negligent operation of the truck, while recovery is sought against the defendant corporation on the theory...

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