WESTERN PRODUCE CO. v. FOLLIARD

No. 8592.

93 F.2d 588 (1937)

WESTERN PRODUCE CO., Inc., v. FOLLIARD.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 15, 1938.


Attorney(s) appearing for the Case

Thos. E. Hayden, Jr., of Abilene, Tex., for appellant.

Dallas Scarborough and W. R. Ely, both of Abilene, Tex., for appellee.

Before SIBLEY and HOLMES, Circuit Judges, and STRUM, District Judge.


HOLMES, Circuit Judge.

This appeal is from a judgment for damages resulting from personal injuries sustained by appellee when her automobile was struck from the rear by a truck operated by appellant.

Appellee's petition charged negligence in driving the truck at an unreasonable speed on a crowded street, without sufficient brakes, and in failing to stop the truck before it collided with her automobile. The proof did...

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