McCORD, Circuit Judge.
On the night of December 13, 1937, between eleven and twelve o'clock, J. D. Shaver, Jr., an employee of Carey-Reed Company, was driving an automobile along a public gravel highway south of Clarksdale, Mississippi. The night was cold, dark, and misty. Shaver was traveling west at a speed of thirty or thirty-five miles per hour along a section of the road flanked by cotton and corn fields when he saw a man walking along the road near its south...
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