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SLATE v. HUTCHERSON

Nos. 2520, 2521.

15 F.2d 551 (1926)

SLATE et al. v. HUTCHERSON (two cases).

Circuit Court of Appeals, Fourth Circuit.

October 19, 1926.

Attorney(s) appearing for the Case

A. G. Fox, of Bluefield, W. Va., and Graham Sale, of Welch, W. Va. (J. Randolph Tucker, Joseph M. Sanders, Jr., and Joseph M. Sanders, all of Welch, W. Va., on the brief), for plaintiffs in error.

Joseph M. Crockett, of Welch, W. Va. (Bernard J. Pettigrew, of Charleston, W. Va., on the brief), for defendants in error.

Before WADDILL and PARKER, Circuit Judges, and SOPER, District Judge.

SOPER, District Judge.

Two cases, growing out of the same automobile accident, were by consent tried at the same time, upon the same evidence, in the court below. Dorcas Akers Hutcherson was killed in the accident, and the administrator of her estate was plaintiff in one action, while Willie Hutcherson, an infant, who was injured at the same time, was plaintiff by next friend, in the other. The plaintiff in each case was a citizen of West Virginia. The defendants...

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