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PRATT v. NEW YORK CENTRAL RAILROAD COMPANY

No. 14574.

339 F.2d 964 (1964)

Albert E. PRATT, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee. Linnie R. TAYLOR, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee. John H. ALTMEYER, Plaintiff-Appellant, v. The NEW YORK CENTRAL RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

December 4, 1964.

Attorney(s) appearing for the Case

William D. Ruckelshaus, Indianapolis, Ind., Ruckelshaus, Bobbitt & O'Connor, Indianapolis, Ind., of counsel, for appellants.

John H. Caress, John E. Hurt, Martinsville, Ind., John A. Stocker, Indianapolis, Ind., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and MAJOR, Circuit Judges.

KNOCH, Circuit Judge.

The plaintiffs, Albert E. Pratt, Linnie R. Taylor and John H. Altmeyer, are all parents of minor children, four of whom were passengers in an automobile, operated by the fifth minor, on Stop 8 Road, a public highway, in Marion County, Franklin Township, Indiana, which intersects the tracks of the defendant, the New York Central Railroad Company. This automobile collided with defendant's train and all five of the minors were killed.

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