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WEAVER v. MARK

Nos. 8281, 8282.

112 F.2d 917 (1940)

WEAVER v. MARK et al. McCHESNEY v. SAME.

Circuit Court of Appeals, Sixth Circuit.

June 27, 1940.

Attorney(s) appearing for the Case

Don J. Young, Jr, of Norwalk, Ohio (Wayne S. Hiltner, of Akron, Ohio, and Young & Young and Don J. Young, Jr., all of Norwalk, Ohio, on the brief), for appellants.

Luther Day, of Cleveland, Ohio (Pope & Ballard, of Chicago, Ill., and Jones, Day, Cockley & Reavis and Thomas F. Veach, all of Cleveland, Ohio, on the brief), for appellees.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HICKS, Circuit Judge.

Appellants, Joseph C. Weaver and Dora McChesney (mother-in-law of Weaver), were passengers in an automobile driven by appellee Clayton Mark, Jr., and were injured when it overturned. They brought separate suits for damages growing out of the accident. The court sustained a demurrer to an amended petition in each case and dismissed the suits.

The appeals were heard together and one opinion will suffice.

The demurrers were identical...

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