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HOLCOMBE v. BUCKLAND

No. 4955.

130 F.2d 544 (1942)

HOLCOMBE v. BUCKLAND et al.

Circuit Court of Appeals, Fourth Circuit.

August 18, 1942.

Attorney(s) appearing for the Case

Homer A. Holt, of Charleston, W. Va. (Wm. T. O'Farrell and Brown, Jackson & Knight, all of Charleston, W. Va., on the brief), for appellant.

F. N. Bacon, of Fayetteville, W. Va. (S. C. Higgins, Jr., and Mahan, Bacon & White, all of Fayetteville, W. Va., on the brief), for appellees.

Before SOPER and NORTHCOTT, Circuit Judges, and TIMMERMAN, District Judge.

SOPER, Circuit Judge.

Separate suits brought by Clay Wilson Buckland and Charles Doss against George C. Holcombe to recover damages for personal injuries were consolidated and tried together in the District Court and resulted in judgments of $7,000 for Buckland and $5,000 for Doss. The defendant appealed, complaining that the District Judge erred in refusing to direct a verdict in his favor and in refusing certain instructions offered by him for submission to the...

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