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MARSH v. UNION PACIFIC RAILROAD COMPANY

Civ. Nos. 68-463, 465.

304 F.Supp. 478 (1969)

Rose Mary MARSH, Administratrix of the Estate of Atana Wesley, Deceased, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant. Mary STOVER, Administratrix of the Estate of Katherine Stover, Deceased, Plaintiff, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant.

United States District Court D. Oregon.

July 8, 1969.

Attorney(s) appearing for the Case

Raley F. Peterson, Peterson & Peterson, Pendleton, Or., and Roy Kilpatrick, John Day, Or., for plaintiffs.

Austin W. Crowe, Jr., Maguire, Kester & Cosgrave, Portland, Or., for defendant.

OPINION

KILKENNY, District Judge:

These cases were consolidated for trial on the segregated issue concerning the applicability of the doctrine of absolute liability on the facts presented.

Plaintiffs, in their capacity as administratrices, seek damages for the alleged wrongful death of their intestates. Decedents were killed when one of defendant's locomotives collided with an automobile, in which decedents...

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