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BAILEY v. SLENTZ

No. 4129.

189 F.2d 406 (1951)

BAILEY v. SLENTZ et al.

United States Court of Appeals Tenth Circuit.

May 11, 1951.

Attorney(s) appearing for the Case

Ernest U. Sandoval, Walsenburg, Colo., for appellant.

John F. Eberhardt, Wichita, Kan. (George B. Powers, Wichita, Kan., and John A. Etling, Kinsley, Kan., were with him on the brief), for appellees.

Before PHILLIPS, Chief judge, and HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by Morris Bailey to recover damages for personal injury sustained as the result of a collision between an automobile driven by him and a truck driven by Paul Cannon within the scope of his employment by the remaining two defendants. At the close of plaintiff's evidence, defendants moved for a directed verdict, among others on the ground that Bailey's evidence affirmatively established contributory negligence as a matter of...

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