Herschel v. Smith

361 F.2d 355 Elizabeth G. HERSCHEL, as surviving spouse of Charles F. Herschel, deceased, and as surviving mother of Wayne Andrew Herschel, deceased, and Bruce E. Kiernan, Appellants, v. Mary Elizabeth SMITH, Administratrix of the Estate of Nathaniel Eakins, deceased, Appellee. No. 20278. United States Court of Appeals Ninth Circuit. April 30, 1966. Rehearing Denied June 14, 1966. Philip Robbins, Moore, Romley, Kaplan, Robbins & Green, Phoenix, Ariz., for appellants. James Henderson, Gust, Rosenfeld & Divelbess, Phoenix, Ariz., for appellee. Before BARNES and JERTBERG, Circuit Judges, and MATHES, District Judge. JERTBERG, Circuit Judge: 1 This litigation arose out of a collision occurring on Highway 66 in the State of Arizona, between two motor vehicles whose drivers met instantaneous death. The parties plaintiffs (appellants) are Elizabeth G. Herschel, as surviving spouse of Charles F. Herschel, the driver of one of the vhicles, and as surviving mother of Wayne Andrew Herschel, a passenger in the Herschel car, who also met death in the collision; and Bruce E. Kiernan, another passenger in the Herschel car, who sustained injuries in the collision. All of the above named…