SHELITE v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY

Nos. 6837-6839.

307 F.2d 48 (1962)

Carol Joan SHELITE, etc., et al., Appellants, v. CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

June 28, 1962.


Attorney(s) appearing for the Case

W. A. Kahrs, Robert H. Nelson, H. W. Fanning and Richard C. Hite, Wichita, Kan., for appellants.

Clayton M. Davis and Mark L. Bennett, Topeka, Kan., for appellee.

Before MURRAH and LEWIS, Circuit Judges, and RITTER, District Judge.


RITTER, District Judge.

These actions arose out of a railroad crossing collision between appellee's (herein referred to as defendant) train and a truck in which the husbands of the three appellants (herein referred to as plaintiffs) were passengers. The collision occurred at the crossing of defendant's railroad track and the main street of Haviland, Kansas, a town of some six hundred inhabitants.

Plaintiffs' claims were predicated on the alleged negligence...

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