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FITCH v. MISSOURI-KANSAS-TEXAS TRANSPORTATION CO.

No. 29749.

441 F.2d 1 (1971)

Lilly FITCH, Individually, and as Next Friend of Donna Diane Fitch, et al., Plaintiffs-Appellees, v. MISSOURI-KANSAS-TEXAS TRANSPORTATION COMPANY, d/b/a M-K-T Railroad. Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 7, 1971.

Attorney(s) appearing for the Case

Ralph Elliott, Elliott & Nall, Sherman, Tex., W. A. Thie, Dallas, Tex., for defendant-appellant.

Jack G. Kennedy, John D. Hill, Brown, Kennedy, Hill & Minshew, Sherman, Tex., for plaintiffs-appellees.

Before WISDOM, THORNBERRY and DYER, Circuit Judges.

THORNBERRY, Circuit Judge:

On a dark, misty January night in 1968, an automobile carrying a trio of motorists crashed into the lead gondola car of a Missouri-Kansas-Texas Transportation Company (M-K-T) train at an intersection in Denison, Texas. One of the car's occupants, William Edward Fitch, was killed instantly. Subsequently his wife, Lilly Fitch, individually and as next friend of the couple's four minor daughters, instituted an action against M-K-T under the...

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