JOHNSTON v. BROWN

No. 3-284A50.

468 N.E.2d 597 (1984)

Harold D. JOHNSTON, Jr., Harold D. Johnston and Brenda Johnston, Plaintiffs-Appellants, v. Melvin R. BROWN, Dwight Kline and Elizabeth Kline, Defendants-Appellees.

Court of Appeals of Indiana, Third District.

September 27, 1984.


Attorney(s) appearing for the Case

James E. Easterday, Sowinski, Easterday & Ummel, Plymouth, for plaintiffs-appellants.

Charles K. Michael, George W. Stephenson, Logansport, Lester L. Wilson, Winamac, for defendants-appellees.


GARRARD, Judge.

On May 4, 1980 Melvin Brown and Dwight Kline were in the process of dismantling a silo and transporting it to Kline's farm. Brown was driving a pickup truck loaded with metal silo parts, some of which hung out over the sides of the truck bed. Brown and a passenger were travelling north on State Road 17 near Kewanna when they both noticed a boy on a bicycle riding south, i.e. toward them on their side of the highway. Brown drove the truck closer to...

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