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OVERSTREET v. MISSOURI PACIFIC RAILROAD COMPANY

Civ. A. No. 1579.

195 F.Supp. 542 (1961)

Mrs. Lillian OVERSTREET, Plaintiff, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant.

United States District Court W. D. Arkansas, Fort Smith Division.

July 6, 1961.

Attorney(s) appearing for the Case

Daily & Woods, Fort Smith, Ark., George W. Leopold, Muskogee, Okl., for plaintiff.

Harper, Harper, Young & Durden, Fort Smith, Ark., for defendant.

JOHN E. MILLER, Chief Judge.

This suit was commenced March 3, 1961, by the plaintiff, Mrs. Lillian Overstreet, to recover damages for personal injuries received by her on August 5, 1959, while she was a passenger in an automobile being driven by her husband, C. A. Overstreet, Sr., which automobile was struck by a Diesel locomotive of the defendant at a grade crossing in the City of Fort Smith, Arkansas.

In numbered paragraphs 6 and 7 of the complaint, the...

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