MONTGOMERY-WARD & CO. v. SEWELL

No. 14185.

205 F.2d 463 (1953)

MONTGOMERY-WARD & CO., Inc., v. SEWELL et al.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 24, 1953.


Attorney(s) appearing for the Case

E. L. Harwell, Rupert R. Harkrider, Abilene, Tex. (Wagstaff, Harwell, Wagstaff & Alvis, Abilene, Tex., of counsel), for appellant.

Larry Scarborough, Beverly Potthoff, Dallas Scarborough, Davis Scarborough, Abilene, Tex. (Scarborough, Yates, Scarborough & Black, Abilene, Tex., of counsel), for appellees.

Before HOLMES, BORAH and RUSSELL, Circuit Judges.


RUSSELL, Circuit Judge.

The only person who could give an accurate account of the manner in which W. M. Sewell, the husband of appellee, Juanita Sewell, sustained his fatal injuries on July 17, 1950, would be the decedent. Since his lips were thereby sealed, plaintiffs, in this suit to recover damages suffered by them as a result of his death, necessarily had to rely solely upon circumstantial evidence to sustain the burden of proving their allegation that defendant...

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