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WALLS v. ELLINGTON

No. 5112.

31 F.2d 285 (1929)

WALLS v. ELLINGTON.

Circuit Court of Appeals, Sixth Circuit.

March 15, 1929.

Attorney(s) appearing for the Case

Emmett W. Braden, of Memphis, Tenn. (Wilson, Gates & Armstrong, Julian C. Wilson, and Kenneth Rayner, all of Memphis, Tenn., on the brief), for plaintiff in error.

Ike W. Crabtree, of Memphis, Tenn. (Charles C. Crabtree, of Memphis, Tenn., on the brief), for defendant in error.

Before HICKS, MACK, and HICKENLOOPER, Circuit Judges.

HICKS, Circuit Judge.

Defendant in error, herein called plaintiff, was struck by a motortruck on Union avenue in Memphis, and sued plaintiff in error, herein called defendant, as the author of his injuries. There was a verdict and judgment for plaintiff. Defendant sued out a writ of error and here challenges the denial of a directed verdict. The insistence is that: (1) There was no evidence to establish the identity of the defendant as the driver of the truck; and...

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