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AUTO TRANSPORT v. POTTER

No. 14510.

197 F.2d 907 (1952)

AUTO TRANSPORT, Inc. et al. v. POTTER.

United States Court of Appeals Eighth Circuit.

July 1, 1952.

Attorney(s) appearing for the Case

Price Shoemaker, St. Joseph, Mo. (Elmer E. Reital, St. Joseph, Mo., was with him on the brief), for appellants.

Gene Thompson, Maryville, Mo. (Ellis G. Cook, Raymond Eckles, Maryville, Mo., and Walter A. Raymond, Kansas City, Mo., were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

On February 19, 1951, at about 6:30 p.m., the late Joseph Potter was driving his Chevrolet 1½ ton truck, loaded with coal, south on U. S. Highway No. 71, and was about one and one-half miles south of the town of Clearmont, in Nodaway County, Missouri. The highway at that place was straight and had a little slope to the north. The paved portion was 20 feet in width, and there were shoulders 12 feet wide on each side of the paving. At...

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