EARLEY v. ROADWAY EXPRESS

Civ. A. 1763, 1764.

106 F.Supp. 958 (1952)

EARLEY et al. v. ROADWAY EXPRESS, Inc. WILKERSON v. ROADWAY EXPRESS, Inc.

United States District Court E. D. Tennessee, Northern Division.

August 6, 1952.


Attorney(s) appearing for the Case

Hodges & Doughty, Knoxville, Tenn., for plaintiff.

James W. Mitchell, Taylor H. Cox, Knoxville, Tenn., for defendant.


ROBERT L. TAYLOR, District Judge.

These cases are before the Court upon motion of defendant in each case for partial summary judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A. The first ground of the motion is that plaintiff in neither case is entitled to exemplary damages for the reason that the defendant in each case was not guilty of any willful or wanton act authorizing a jury to pass upon that question. Defendant, therefore, moves the...

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