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KISH v. NORFOLK & WESTERN RAILWAY COMPANY

No. 17877.

426 F.2d 1132 (1970)

Barbara KISH, Administrator of the Estate of Louis Kish, Deceased, Plaintiff-Appellant, v. NORFOLK & WESTERN RAILWAY COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 16, 1970.

Attorney(s) appearing for the Case

Fred M. Stults, Jr., Gary, Ind., Albert C. Hand, Hammond, Ind., for plaintiff appellant.

Russel H. Hart, Lafayette, Ind., Charles G. Bromberger, Hammond, Ind., for defendant appellee. James V. McGlone, Stuart, Branigin, Ricks & Schilling, Lafayette, Ind., Friedrich, Bomberger, Tweedle & O'Connor, Hammond, Ind., of counsel.

Before KILEY, CUMMINGS and KERNER, Circuit Judges.

KILEY, Circuit Judge.

Plaintiff in this wrongful death action, based upon diversity jurisdiction, appeals from a judgment upon a verdict directed by the district court at the close of plaintiff's case. We reverse and remand for trial.

Plaintiff's husband, decedent Kish, died as a result of injuries suffered when the automobile he was driving was struck by defendant's westbound freight train in a crossing formed by defendant's tracks and Osborn Street, in Hammond...

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