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MONDSHINE v. SHORT

No. 13728.

196 F.2d 606 (1952)

MONDSHINE v. SHORT.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 5, 1952.

Attorney(s) appearing for the Case

Royal H. Brin, Jr., Dallas, Tex., for appellant.

Robert B. Hershey, Dallas, Tex., for appellee.

Before BORAH, RUSSELL and RIVES, Circuit Judges.

RIVES, Circuit Judge.

Mrs. Short sued Mr. Mondshine for damages on account of personal injuries suffered by her while riding in an automobile driven by Mr. Mondshine when it collided with another vehicle. The complaint did not charge simple negligence, but alleged:

"The Defendant, although he owed a duty of care for the safety of the Plaintiff and others similarly situated, acted wilfully and intentionally in utter disregard for her safety and in a heedless...

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