FRATES v. EASTMAN

No. 549.

57 F.2d 522 (1932)

FRATES et al. v. EASTMAN et al.

Circuit Court of Appeals, Tenth Circuit.

March 17, 1932.


Attorney(s) appearing for the Case

R. A. Kleinschmidt and Marvin T. Johnson, both of Tulsa, Okl., for appellants.

Samuel A. Boorstin and John F. Conway, both of Tulsa, Okl., for appellee.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

The plaintiff, a seven year old boy, was injured when the Chevrolet car in which he was riding with his mother collided at a street intersection with a bus operated by the defendants. He recovered judgment for $1,000, and the defendants appeal.

1. Error is assigned because the court denied a motion for an instructed verdict. It is argued that one of plaintiff's witnesses testified that the Chevrolet struck the bus, instead of the...

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