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LAPPIN v. BALTIMORE AND OHIO RAILROAD COMPANY

No. 14365.

337 F.2d 399 (1964)

Sara Jane LAPPIN, Administratrix of the Estate of James D. Lappin, Deceased, Plaintiff-Appellee, v. The BALTIMORE AND OHIO RAILROAD COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

October 20, 1964.

Attorney(s) appearing for the Case

Cassatt Martz and Martz, Beattey & Wallace, Indianapolis, Ind., for appellant.

Lee M. LeMay, Indianapolis, Ind., for appellee.

Before HASTINGS, Chief Judge, and DUFFY and SWYGERT, Circuit Judges.

HASTINGS, Chief Judge.

This diversity action was brought by plaintiff Sara Jane Lappin, Administratrix of the estate of James D. Lappin, deceased, against defendant The Baltimore and Ohio Railroad Company to recover damages for the alleged wrongful death of plaintiff's husband James D. Lappin.

Trial was by jury and a general verdict was returned in favor of plaintiff for $45,000.

On appeal, defendant contends the district court committed reversible...

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