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MONDAY v. CLYNES

No. 11942.

212 F.2d 802 (1954)

MONDAY et al. v. CLYNES.

United States Court of Appeals Sixth Circuit.

June 5, 1954.

Attorney(s) appearing for the Case

Wilbur W. Piper, Foster D. Arnett, Knoxville, Tenn., Wilbur W. Piper, Foster D. Arnett, Fowler, Long & Fowler, Knoxville, Tenn., on brief, for appellants.

William E. Badgett, Knoxville, Tenn., Jerome G. Taylor, Taylor & Badgett, Knoxville, Tenn., on brief, for appellee.

Before SIMONS, Chief Judge, MILLER, Circuit Judge, and FORD, District Judge.

SIMONS, Chief Judge.

The appellants complain of a judgment obtained by the appellee for the death of her husband in an automobile collision in Tennessee. The case was tried to a jury which returned a verdict for the appellee in the following terms: "We render a verdict in favor of the plaintiff and our decision and premises is based purely and wholly on the theory of the Last Clear Chance. It was unanimous. Damage is assessed at $12,500.00." The principal and controlling...

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