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DECKER v. BOYLE

Civ. A. No. 6127.

162 F.Supp. 164 (1957)

Alfred M. DECKER, Morgantown, Kentucky, Plaintiff, v. Robert M. BOYLE, as Administrator of the Estate of Charles H. Boyle, Deceased (Leila Y. Post Montgomery Hospital, Battle Creek, Michigan), Defendant.

United States District Court W. D. New York.

As Amended on Denial of Rehearing October 1, 1957.

Attorney(s) appearing for the Case

H. S. Horen, Louisville, Ky. (Maurice Lutwack, Buffalo, N. Y., of counsel), for plaintiff.

Gleason, Fitzpatrick, O'Connor & O'Brien, Buffalo, N. Y., for defendant.

MORGAN, District Judge.

This action arises out of an automobile accident, which occurred on March 8, 1953, while the plaintiff was a passenger in an automobile owned and operated by the defendant, eastwardly on U. S. Highway #42, one (1) mile west of Florence, Kentucky, which ran off the road into a ditch, killing the driver (defendant testator) immediately and seriously injuring the plaintiff passenger.

A chronological statement of events is helpful. The...

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