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CONE v. SMITH

No. 8214.

76 So.2d 46 (1954)

Kermit N. CONE, Plaintiff-Appellee, v. Edgar B. SMITH et al., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied December 10, 1954.

Writ of Certiorari Denied February 14, 1955.

Attorney(s) appearing for the Case

Jackson, Mayer & Kennedy, Shreveport, Royal H. Brin, Jr., Dallas, Tex., for appellant.

Roy M. Fish, Springhill, Sidney Lee, Texarkana, Tex., for appellee.

GLADNEY, Judge.

In this suit the plaintiff, Kermit N. Cone, seeks recovery of damages arising from an automobile accident in which his wife, Iva Lee Aycock Cone, was killed while riding as a gratuitous passenger in an automobile owned and driven by Edgar B. Smith. Originally Smith and his insurer, Firemen's Insurance Company of Newark, New Jersey, were made parties defendant, but prior to trial plaintiff entered a voluntary dismissal of non-suit as to the defendant...

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