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BAKER DRIVEAWAY CO. v. CLARK

No. 5590.

162 F.2d 181 (1947)

BAKER DRIVEAWAY CO., Inc., v. CLARK.

Circuit Court of Appeals, Fourth Circuit.

May 13, 1947.

Attorney(s) appearing for the Case

Paul S. Hudgins and Albert S. Kemper, Jr., both of Bluefield, W.Va. (Richardson & Kemper, of Bluefield, W. Va., on the brief) for appellant.

Joseph M. Sanders, of Bluefield, W. Va. (A. J. Lubliner, of Bluefield, Va., on the brief), for appellee.

Before PARKER, Circuit Judge, GRONER, Chief Justice, United States Court of Appeals for the District of Columbia, and SOPER, Circuit Judge.

SOPER, Circuit Judge.

The plaintiff in the District Court, a boy of nine years, was struck by an automobile tractor and severely injured as the machine was allowed to run down a steep hill after dark without lights on March 21, 1946, in Bluefield, West Virginia. The tractor was the property of Baker Driveaway Company, Inc., and was used in the business of the company to haul automobile-carrying trailers from Detroit to various points in the South. It was being driven...

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