R. J. REYNOLDS TOBACCO CO. v. NEWBY

No. 10708.

145 F.2d 768 (1944)

R. J. REYNOLDS TOBACCO CO. et al. v. NEWBY et al.

Circuit Court of Appeals, Ninth Circuit.

November 6, 1944.


Attorney(s) appearing for the Case

E. B. Smith, of Boise, Idaho, and A. L. Merrill and R. D. Merrill, both of Pocatello, Idaho, for appellants.

Glenn A. Coughlan, of Montpelier, Idaho, and B. W. Davis, of Pocatello, Idaho, for appellees.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.


HEALY, Circuit Judge.

This appeal is from a judgment awarding damages for the wrongful death of one Avenell Newby, who was the wife of appellee George H. Newby and the mother of the two minor children of the couple.

The death of Mrs. Newby followed injuries received when a small panel truck, in which she was riding as a gratuitous passenger, overturned on the highway between Soda Springs and Montpelier, Idaho. The truck was driven by Rulon D. Hair, a traveling...

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