TOWNSEND v. POSTASHNICK

No. 19004.

414 F.2d 64 (1969)

Frances TOWNSEND, Administratrix of the Estate of Jerry M. Townsend, Deceased, Plaintiff-Appellant, v. R. P. POSTASHNICK, J. D. Barter Construction Company, Inc. and Gary Dale James, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

July 23, 1969.


Attorney(s) appearing for the Case

James C. Ware, Covington, Ky., Ware, Bryson, Nolan & West, Covington, Ky., on brief, for appellant.

John J. O'Hara, Covington, Ky., O'Hara, Ruberg & Cetrulo, Covington, Ky., on brief, for appellees.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.


PHILLIPS, Circuit Judge.

This appeal grows out of the accidental death of Jerry M. Townsend, a young employee of the Department of Highways of the Commonwealth of Kentucky, at a construction site on Interstate Highway 71 between Louisville and Cincinnati. At the time of the fatal accident Townsend was sitting in a parked highway truck. A heavy tractor-scraper which was engaged in dumping dirt at the job site crashed into the rear of the truck, which caught fire. Townsend...

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