KING v. GRIMM

No. 13405.

300 F.2d 658 (1962)

William H. KING, Plaintiff-Appellant, v. Raymond GRIMM and Frank Strunk, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

March 23, 1962.


Attorney(s) appearing for the Case

James A. Dooley, Chicago, Ill., Robert E. Kavanaugh, Peoria, Ill., Leonard J. Dunn, Attorney at Law, West Frankfort, Ill., for appellant.

Donald A. Morgan, Davis, Morgan & Witherell, Peoria, Ill., for appellee.

Before DUFFY, KILEY, and SWYGERT, Circuit Judges.


KILEY, Circuit Judge.

This is a personal injury action with diversity jurisdiction. Verdict and judgment were for defendant and plaintiff has appealed.

Plaintiff was employed by Libby, McNeill & Libby as a loader of trucks at Libby's Morton, Illinois canning plant. On September 20, 1955 he was loading a truck of defendants Grimm and Strunk, for delivery to a freight car on a nearby railroad siding. The truck, driven by Delmer Habeck, had been backed up...

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