CHERRY v. DEALERS TRANSPORT CO.

No. 1005.

64 F.Supp. 682 (1946)

CHERRY v. DEALERS TRANSPORT CO. et al.

District Court, E. D. Missouri, S. D.

February 27, 1946.


Attorney(s) appearing for the Case

Hal H. McHaney, of Kennett, Mo., for plaintiff.

Finch & Finch and Freeland L. Jackson, all of Cape Girardeau, Mo., for defendant Dealers Transport Co.


HULEN, District Judge.

Defendant, having suffered an adverse judgment for damages, filed its motion for a new trial, and by brief urges in support thereof alleged error in submission to the jury of the question of alleged negligence of defendant as follows:

"If you find and believe from the evidence that the defendant, Dealers Transport Company, through its agent, servant and employee, negligently and carelessly so operated its tractor and semi-trailer while...

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