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ILLINOIS CENTRAL RAILROAD COMPANY v. KEAN

Nos. 18223, 18224.

365 F.2d 785 (1966)

ILLINOIS CENTRAL RAILROAD COMPANY, a Corporation, Appellant, v. Alan E. KEAN, Administrator of the Estate of Ferdinand Karol, Deceased, and Arco Auto Carriers, Inc., Appellees. Alan E. KEAN, Administrator of the Estate of Ferdinand Karol, Deceased, Appellant, v. ILLINOIS CENTRAL RAILROAD COMPANY, a Corporation.

United States Court of Appeals Eighth Circuit.

September 15, 1966.

Attorney(s) appearing for the Case

Robert M. Bertsch and E. Marshall Thomas, of O'Connor, Thomas, Wright, Hammer & Bertsch, Dubuque, Iowa, for Illinois Cent. R. Co.

Alfred E. Hughes, Dubuque, Iowa, for Alan E. Kean, Admr. of Estate of Ferdinand Karol and others.

Before VAN OOSTERHOUT, BLACKMUN and GIBSON, Circuit Judges.

GIBSON, Circuit Judge.

The Illinois Central Railroad Company appeals from a judgment of $43,127.10, rendered on a jury verdict for the wrongful death of Ferdinand Karol and property damage to trailer unit of Arco Auto Carriers, Inc. We reverse and in part remand.

On the morning of May 9, 1962, Ferdinand Karol was driving a tractor and semi-trailer unit with its cargo of automobiles westward along Iowa U.S. Highway 20. Karol owned the tractor, while the trailer...

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