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BEARD v. DODD

No. 572A250.

296 N.E.2d 442 (1973)

David BEARD and Ralph Beard, Appellants (Defendants below), v. Betty Jean DODD, b/n/f Ella Leona Dodd, Appellee (Plaintiff below).

Court of Appeals of Indiana, Third District.

Rehearing Denied June 28, 1973.

Attorney(s) appearing for the Case

Thomas W. Yoder, Edward L. Murphy, Jr., Livingston, Dildine, Haynie & Yoder, Fort Wayne, for appellants.

John H. Krueckeberg, Roland Gariepy, Parry & Krueckeberg, Fort Wayne, for appellee.

STATON, Judge.

I.

STATEMENT ON THE APPEAL

David Beard was driving Betty Jean Dodd home from school in his 1964 Corvair convertible. There was a hump in the street at the intersection of Columbia and Kingston in Fort Wayne, Indiana which would cause all four wheels of an automobile to leave the pavement if traversed at a sufficient rate of speed. Just before reaching the intersection, David said to Betty, "Hold on, here we go." After going over...

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