CALLAHAN, ADMR. v. NEW YORK CENTRAL R. CO.

No. 19,475.

134 Ind. App. 232 (1962)

180 N.E.2d 547

CALLAHAN, ADMINISTRATOR ETC. v. NEW YORK CENTRAL RAILROAD COMPANY.

Court of Appeals of Indiana.

Rehearing denied June 8, 1962.

Transfer denied January 23, 1963.


Attorney(s) appearing for the Case

Frank G. Stoessel, of Greencastle, Buena Chaney, Mann & Mann and Luther G. Johnson, all of Terre Haute, for appellant.

Rexell A. Boyd, of Greencastle, Jerdie D. Lewis, Lewis & Lewis, of counsel, of Terre Haute, and Marvin A. Jersild, of Chicago, Illinois, for appellee.


COOPER, J.

This is an appeal from the Putnam Circuit Court wherein the appellant, as an administrator, brought an action alleging the negligence of the appellee herein in the alleged wrongful death of one Harry A. Patterson.

To the plaintiff's amended complaint, the defendant appellee filed its answer, including a second paragraph of answer, alleging that the sole, proximate cause of the collision involved was caused by the negligence of one Kendall Hooker...

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