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WRZESINSKI v. CHICAGO, M., ST. P., & P. R. CO.

Civ. Nos. 334, 336.

207 F.Supp. 460 (1962)

Helen I. WRZESINSKI, Administratrix of the Estate of Walter L. Wrzesinski, Deceased, Plaintiff, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, a Wisconsin corporation, Defendant. Karen J. BERG, Ellen L. Berg, and Larry J. Berg, minors, by Joyce M. Berg, their Guardian ad Litem, and Joyce M. Berg, individually, Plaintiffs, v. CHICAGO, MILWAUKEE, ST. PAUL and PACIFIC RAILROAD COMPANY, a Wisconsin corporation, Defendant.

United States District Court D. Montana, Billings Division.

July 26, 1962.

Attorney(s) appearing for the Case

C. J. Schile, Ryegate, Mont., and Robert J. Holland and D. L. Holland, Butte, Mont., for plaintiff.

Garlington, Lohn & Robinson, Missoula, Mont., for defendant.

JAMESON, District Judge.

Walter L. Wrzesinski and Glenn A. Berg were killed instantly on March 5, 1961, when an automobile driven by Berg, in which Wrzesinski was riding, was struck by defendant's passenger train at a crossing in the incorporated town of Ryegate, Montana. Cause No. 334 was instituted by the administratrix of the estate of Walter L. Wrzesinski, deceased, to recover damages sustained by his widow and minor child. Cause No. 336 was instituted by the...

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