WHITTINGTON v. MAYBERRY

Nos. 4178, 4179.

190 F.2d 703 (1951)

WHITTINGTON v. MAYBERRY. THOMASON v. MAYBERRY.

United States Court of Appeals Tenth Circuit.

July 5, 1951.


Attorney(s) appearing for the Case

Vincent F. Hiebsch, Wichita, Kan. (Milton Zacharias and Yale W. Gifford, Wichita, Kan., were with him on the brief), for appellants.

W. A. Kahrs, Wichita, Kan. (Robert H. Nelson, Clarence N. Holeman and Keith L. Wallis, Wichita, Kan., were with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.


HUXMAN, Circuit judge.

The appellants filed two actions against appellee to recover damages for injuries suffered in an automobile collision. The case was tried to a jury. At the conclusion of all the evidence, the court sustained a motion by the defendant for an instructed verdict and directed the jury to return a verdict for defendant. Judgment was thereupon entered for defendant on the verdict so returned. This appeal...

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