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WOLF v. UPSON COUNTY, GA.

No. 5888.

44 F.2d 925 (1930)

WOLF v. UPSON COUNTY, GA.

Circuit Court of Appeals, Fifth Circuit.

November 12, 1930.

Attorney(s) appearing for the Case

Archibald H. Davis and Reuben R. Arnold, both of Atlanta, Ga. (T. P. Stephens, of Thomaston, Ga., and Reuben R. & Lowry Arnold and A. H. Davis, all of Atlanta, Ga., on the brief), for appellant.

W. M. Dallas, J. H. McGehee, Jr., and James R. Davis, all of Thomaston, Ga., and John H. McGehee, Sr., of Talbotton, Ga. (James R. Davis, M. H. Sandwich, McGehee & McGehee, and W. M. Dallas, all of Thomaston, Ga., on the brief), for appellee.

Before BRYAN, FOSTER, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

This is an appeal from a judgment sustaining a demurrer to appellant's petition as amended and dismissing the case. The amended petition claimed of the appellee, the county of Upson of the state of Georgia, damages for the death of appellant's husband, D. L. Wolf. That pleading, after alleging the existence prior and subsequent to April 1, 1929, of a bridge over Flint river which formed part of a public highway running between the cities of...

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