DIXIE MOTOR COACH CORPORATION v. LANE

No. 9593.

116 F.2d 264 (1940)

DIXIE MOTOR COACH CORPORATION v. LANE. SAME v. ROBINSON.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 14, 1941.


Attorney(s) appearing for the Case

David A. Frank, of Dallas, Tex., for appellant.

Luther Hudson, of Fort Worth, Tex., for appellees.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

Although separate pleadings were filed and separate judgments were entered in these cases in the court below, they are presented on appeal in one record and one argument. They arose out of the same facts; the controlling principles in each are the same; and they will be disposed of in one opinion.

Late in the afternoon on July 6, 1938, the appellees were travelling on a watermelon truck on U.S. Highway 77 between Marietta and Ardmore...

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