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TRANS-COLD EXPRESS, INC. v. ARROW MOTOR TRANSIT, INC.

No. 18200.

440 F.2d 1216 (1971)

TRANS-COLD EXPRESS, INC., a Texas Corporation, and Valley Leasing Co., Inc., a Texas Corporation, Plaintiffs and Counter-defendants and Appellants, v. ARROW MOTOR TRANSIT, INC., an Illinois corporation, Defendant and Counter-plaintiff and Appellee, and Thomas MAXWELL, Plaintiff and Appellee, v. TRANS-COLD EXPRESS, INC., a Texas corporation, Defendant and Appellant.

United States Court of Appeals, Seventh Circuit.

March 19, 1971.

Attorney(s) appearing for the Case

Lawrence H. Eiger, Martin E. Litwin, Jerome H. Torshen, Chicago, Ill., for appellants; Litwin & Sapoznick, Jerome H. Torshen, Ltd., Chicago, Ill., of counsel.

Howard & French, Chicago, Ill., for appellees; Richard G. French, Stuart N. Litwin, Gary E. Dienstag, Chicago, Ill., of counsel.

Before KILEY, PELL and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

At about 5:15 A.M. on July 26, 1966, as a tractor-trailer being driven by Shirley Cole was turning off U.S. 30 into the Hi-De-Ho Truck Stop, it was hit from behind by another large unit driven by Thomas Maxwell. Both vehicles were overturned and suffered substantial damage; both drivers were injured and each claimed the other was at fault. In the litigation which ensued, the jury believed Thomas.1

Appellants...

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