DRISKELL v. POWELL

No. 7086.

67 F.2d 484 (1933)

DRISKELL v. POWELL et al.

Circuit Court of Appeals, Fifth Circuit.

November 13, 1933.


Attorney(s) appearing for the Case

G. Fred Kelley, of Gainesville, Ga., and Frank Harwell and John I. Kelley, both of Atlanta, Ga., for appellant.

John B. Gamble, of Athens, Ga., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


SIBLEY, Circuit Judge.

The suit of appellant for personal injuries was dismissed on demurrer. She alleged that she was riding as her husband's guest in an automobile at night over an unfamiliar road through Lawrenceville, a town of about 2,000 people, where the road at the edge of town dipping into a hollow filled by a local fog crossed the railroad track 50 feet from the railroad station. They did not know the track was there, and a street light near the crossing...

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