Harry J. Sypherd, Administrator of the Estate of Dale L. Sypherd, Deceased v. Haeckl's Express, Inc.

HARRY PHILLIPS, Circuit Judge.

This case grows out of a traffic accident on Highway U. S. 40 between Dayton, Ohio, and Richmond, Indiana, on March 3, 1962, resulting in the death of Dale Sypherd, a twenty-one year old lieutenant in the U. S. Air Force. Three vehicles were involved: A Corvette operated by the decedent, Sypherd; a trac-toi'-trailer owned by Haeckl’s Express, Inc., defendant-appellant; and a Volkswagen owned and operated by defendant Abbott, who was accompanied by his wife.

The action was brought by the administrator of the decedent’s estate against Haeekl’s Express, Inc. and…