DALLAS RY. & TERMINAL CO. v. SULLIVAN

No. 9190.

108 F.2d 581 (1940)

DALLAS RY. & TERMINAL CO. v. SULLIVAN.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 7, 1940.


Attorney(s) appearing for the Case

Allen Charlton, of Dallas, Tex., for appellant.

W. E. Johnson and W. L. Oliphant, both of Dallas, Tex., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for damages for personal injury. The claim was that plaintiff, while riding a bicycle on a street in Dallas, was struck and seriously injured, as a result of the negligent operation of defendant's bus. The defense was, (1) a denial of each and every of the grounds of negligence charged, and that any of them was the proximate cause of the collision; (2) an affirmative plea that plaintiff was himself contributorily negligent; and...

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