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MOSER v. BUSKIRK

No. 18858.

452 F.2d 147 (1971)

Pauline MOSER, Administratrix of the Estate of George Moser, Deceased, Appellee, v. Francis BUSKIRK et al., Appellant.

United States Court of Appeals, Seventh Circuit.

October 20, 1971.

Attorney(s) appearing for the Case

Gerald A. Kamm, Bruce H. Stewart, Doran, Manion, Boynton & Kamm, South Bend, Ind., for defendant-appellant.

William E. Borror, Fort Wayne, Ind., Edgar A. Grimm, Auburn, Ind., Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, Ind., for plaintiff-appellee and cross-defendant appellee.

Before SWYGERT, Chief Judge, and KILEY and STEVENS, Circuit Judges.

STEVENS, Circuit Judge.

The sudden emergence of a deer on U. S. Highway 6 about three miles west of Ligonier, Indiana, on October 25, 1968, precipitated a collision between two large tractor trailer units being driven in opposite directions, one by George Moser and the other by Francis Buskirk. Moser was killed, Buskirk seriously injured, and both units were damaged extensively.

In the litigation which ensued, Moser's estate, his widow, and the trailer owner...

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