FOSTER, Circuit Judge.
These two cases present practically identical questions and may be conveniently disposed of by one opinion.
These suits were dismissed on demurrers. The material facts alleged by the petitions, as amended, are substantially these. Pennington was a passenger in a Ford automobile driven by one Holbert Smith. Brown was the driver of an Oldsmobile automobile. Shortly after midnight, on July 27, 1930, both cars were proceeding along the Louisville...
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