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STANDARD OIL CO. v. CATES

No. 2749.

28 F.2d 718 (1928)

STANDARD OIL CO. v. CATES.

Circuit Court of Appeals, Fourth Circuit.

October 16, 1928.

Attorney(s) appearing for the Case

C. W. Tillett, of Charlotte, N. C. (Tillett, Tillett & Kennedy, of Charlotte, N. C., on the brief), for appellant.

Thomas C. Carter, of Mebane, N. C., and L. P. McLendon, of Durham, N. C. (H. G. Hedrick and J. E. Long, both of Durham, N. C., and L. C. Allen, of Graham, N. C., on the brief), for appellee.

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

NORTHCOTT, Circuit Judge.

This is an action brought against the Standard Oil Company, a corporation, by S. H. Cates, Sr., father of S. H. Cates, Jr., a boy 4 years old, who was killed in a collision between a truck owned by the oil company and a Nash sedan automobile driven by one M. J. Curley, in which Nash automobile the child was, with others, a passenger. The accident occurred in Burlington, N. C., and the action was brought by Cates, Sr., as administrator. The...

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