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GULF OIL CORPORATION v. REED

Nos. 17889, 18259.

334 F.2d 960 (1964)

GULF OIL CORPORATION, Appellant, v. Ernest E. REED, As Administrator of the Estate of Dwight K. Reed, Deceased, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 28, 1964.

Attorney(s) appearing for the Case

Mr. John P. Arness, Washington, D. C., with whom Mr. George U. Carneal, Jr., Washington, D. C., was on the brief, for appellant, Gulf Oil Corporation.

Mr. Franklyn Yasmer, Washington, D. C., with whom Mr. Stanley A. First, Washington, D. C., was on the brief, for appellee.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and WILBUR K. MILLER, Circuit Judge.

BAZELON, Chief Judge:

Dwight K. Reed, age 7½, was killed when struck by a pick-up truck belonging to the Gulf Oil Corporation. His father, as administrator, sued Gulf under the wrongful death act, D.C.CODE § 16-1201, alleging that the accident was caused by the negligence of Gulf's driver. Gulf denied that death "resulted from any negligence or carelessness on their part which proximately contributed thereto," and alleged that decedent was contributorily...

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