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SMITH v. GAY

No. 6247.

190 F.2d 719 (1951)

SMITH et al. v. GAY et al.

United States Court of Appeals Fourth Circuit.

Decided July 17, 1951.

Attorney(s) appearing for the Case

Henry H. Whiting and J. Sloan Kuykendall, Winchester, Va., for appellants.

H. K. Benham and J. Edward Thoma, Winchester, Va. (Harrison, Benham & Thoma, Winchester, Va., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

Lelia M. Smith and her fifteen year old daughter, Bonnie Sue Smith, were injured on December 28, 1948, at 8 P. M., when the Ford car in which they were riding on a three-lane highway near Kernstown, Virginia, was struck from behind by a truck, loaded with chickens, which belonged to Shelton M. Gay, and was driven by Herod Mathias. Two suits, one for each of the injured persons, were brought against Gay and Mathias for the negligent driving of...

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