STEMLER v. BURKE

No. 15481.

344 F.2d 393 (1965)

Mildred STEMLER, Executrix of the Estate of John E. Stemler, Mildred Stemler, Robert F. Badgley, Frederick W. Rogers and Alice W. Rogers, Plaintiffs-Appellants, v. Arch BURKE, James Rogers Burke, a Minor, Seventeen Years of Age, and Edward Burke, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

April 21, 1965.


Attorney(s) appearing for the Case

Jack Glenn Williams, Cincinnati, Ohio, Lester & Riedinger, Newport, Ky., on brief, for appellants.

William A. Young, Frankfort, Ky., for appellees.

Before WEICK, Chief Judge, MILLER, Circuit Judge, and GRAY, District Judge.


MILLER, Circuit Judge.

This appeal challenges the dismissal of personal injury actions filed by the plaintiffs-appellants against the defendants-appellees for damages incurred in an automobile accident between the car in which four of the plaintiffs were riding and a car operated by the defendant James Burke. The judgment of dismissal was based upon the answer by the jury of an interrogatory submitted to it, which stated that the negligence of the defendant Burke...

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