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CHICAGO AND NORTH WESTERN RAILWAY COMPANY v. BRITTEN

Nos. 16915-16917.

301 F.2d 400 (1962)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellant, v. Norbert W. BRITTEN, Special Administrator of the Estate of Joyce G. Britten, Appellee. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellant, v. Marilyn A. BRITTEN, a minor, by Norbert W. Britten, her father, and next friend, Appellee. CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellant, v. Jeanette L. BRITTEN, a minor, by Norbert W. Britten, her father and next friend, Appellee.

United States Court of Appeals Eighth Circuit.

April 19, 1962.

Attorney(s) appearing for the Case

R. D. Neely, Omaha, Neb., made argument for appellant. H. B. Otis and Tyler B. Gaines, Omaha, Neb., were with him on the brief.

No brief was filed for appellees but Joseph P. Inserra, Omaha, Neb., made argument in their behalf.

Before VOGEL and RIDGE, Circuit Judges, and DEVITT, District Judge.

VOGEL, Circuit Judge.

These three actions were brought by the plaintiffs to recover damages resulting from a collision between a Chicago and North Western Railway Company train and an automobile driven by one Richard C. Ehrhorn and owned by Walter Ehrhorn, the accident occurring at a crossing a short distance west of the city limits of Omaha, Nebraska, on April 7, 1956. The three cases were consolidated for trial before a jury. On February 4, 1961, the jury returned...

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