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MARTIN v. BURGESS

No. 7938.

82 F.2d 321 (1936)

MARTIN v. BURGESS.

Circuit Court of Appeals, Fifth Circuit.

March 20, 1936.

Attorney(s) appearing for the Case

S. C. Mize, of Gulfport, Miss., and Harry H. Smith, of Mobile, Ala., for appellant.

Jesse F. Hogan, of Mobile, Ala., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

Cyrille E. Burgess recovered judgment for personal injuries against Peter F. Martin. The main error urged on this appeal is the refusal of the judge to instruct a verdict for the defendant, and the crucial question is whether the evidence authorizes a finding that the truck of defendant which injured the plaintiff was at the time operated by a servant of defendant in the course of his employment. The evidence for the plaintiff showed an injury...

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