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SCHAFF v. CLAXTON

No. 8620.

144 F.2d 532 (1944)

SCHAFF et al. v. R. W. CLAXTON, Inc.

United States Court of Appeals District of Columbia.

Decided July 24, 1944.

Attorney(s) appearing for the Case

Mr. Caesar L. Aiello, of Washington, D. C., with whom Mr. Llewellyn C. Thomas, of Washington, D. C., was on the brief, for appellants.

Mr. James M. Earnest, of Washington, D. C., with whom Messrs. W. Gwynn Gardiner and Louis M. Denit, both of Washington, D. C., were on the brief, for appellee.

Before GRONER, Chief Justice, and MILLER and EDGERTON, Associate Justices.

EDGERTON, Associate Justice.

This is an appeal by the plaintiffs from a judgment for the defendant, upon a directed verdict, in a suit for personal injuries.

The complaint alleged that appellants were injured by the negligent operation of appellee's truck by his agent. The only negligence alleged in the complaint was in the actual driving of the truck at the time of the accident. But the evidence showed that appellee's driver left the truck, with the keys...

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