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AMERICAN FIDELITY & CASUALTY CO. v. BAILEY

No. 3814.

76 F.2d 692 (1935)

AMERICAN FIDELITY & CASUALTY CO., Inc., v. BAILEY et al.

Circuit Court of Appeals, Fourth Circuit.

April 10, 1935.

Attorney(s) appearing for the Case

R. E. O'Connor, of Charleston, W. Va., and Thomas B. Gay, of Richmond, Va. (D. H. Hill Arnold, of Elkins, W. Va., on the brief), for appellant.

E. Bailey Wyckoff, of Grafton, W. Va. (O. E. Wyckoff, of Grafton, W. Va., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and WAY, District Judge.

PARKER, Circuit Judge.

Plaintiff was injured in the year 1928 while riding in a passenger bus operated by the Bartlett Bros. Bus Company. She brought suit against the bus company for damages in the circuit court of Taylor county, W. Va., and secured a judgment for the sum of $12,500, notwithstanding a plea by the company that she was a gratuitous passenger riding on a pass which precluded the holder from recovering from the company on account of injuries. This judgment...

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