WILLS v. FRANKLIN

Civ. Nos. 1895, 1896.

131 F.Supp. 668 (1953)

Eva Hornsby WILLS v. Burton FRANKLIN, Administrator of Estate of David L. Davis, deceased. Peggy Wills DAVIS v. Burton FRANKLIN, Administrator of Estate of David L. Davis, deceased.

United States District Court E. D. Tennessee, S. D.

November 20, 1953.


Attorney(s) appearing for the Case

Gleason & Painter, Rossville, Ga., Frazier, Roberts & Weill, Chattanooga, Tenn., for plaintiffs.

Noone, Tanner & Noone, Chattanooga, Tenn., for defendant.


DARR, Chief Judge.

The defendant has moved for a new trial in each of these cases. There are assignments that the verdicts are not supported by any evidence; that they are excessive, contrary to the law and the evidence; that any negligence of which the decedent David L. Davis might have been guilty was not the proximate cause of the injuries; that the plaintiffs were guilty of contributory negligence.

These matters were all submitted to the jury under a charge...

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