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GREENE v. HATHAWAY

No. 10865.

191 F.2d 656 (1951)

GREENE et al. v. HATHAWAY.

United States Court of Appeals District of Columbia Circuit.

Decided June 29, 1951.

Attorney(s) appearing for the Case

Carl W. Berueffy, Washington, D. C., with whom Hyman Smollar, Washington, D. C., was on the brief, for appellants.

Richard W. Galiher, Washington, D. C., for appellee.

Before EDGERTON, CLARK, and BAZELON, Circuit Judges.

EDGERTON, Circuit Judge.

Appellant Ceicley, then a four-year old girl, sued appellee Hathaway for personal injuries. Her complaint alleged that she was a passenger in an automobile owned by appellee and operated with his consent; that it was negligently maintained and operated; and that as a result of this negligence she was thrown out and injured.

In his opening statement to the jury appellants' counsel said he would prove the following facts. Appellant was...

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