FIREMAN'S FUND INSURANCE CO. v. COLLINS

No. 15268.

220 F.2d 150 (1955)

FIREMAN'S FUND INSURANCE COMPANY OF SAN FRANCISCO, CALIFORNIA and Canal Insurance Company of Greenville, South Carolina, Appellants, v. W. P. COLLINS et al., Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 12, 1955.


Attorney(s) appearing for the Case

Estes Doremus, Atlanta, Ga., A. Pratt Adams, Jr., Edwin A. McWhorter, Savannah, Ga., Smith, Field, Doremus & Ringel, Atlanta, Ga., Douglas McWhorter & Adams, Savannah, Ga., for appellants.

John C. Wylly, E. Ormonde Hunter, Savannah, Ga., for appellee.

Lewis, Wylly & Javetz, Savannah, Ga., Emanuel Lewis, Savannah, Ga., of counsel, for W. P. Collins, appellee.

Connerat, Dunn, Hunter, Cubbedge & Houlihan, Savannah, Ga., for Great Dane Trailer Sales, Inc., appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and DAWKINS, District Judge.


HUTCHESON, Chief Judge.

This appeal is from a judgment on a jury verdict for plaintiff for $14,005, including $1,080 as penalty and $2,125 as attorneys fees, as damages resulting from the upset of a tractor and trailer and its fall into a deep cut and onto a railroad track.

The two defendants, insurance companies which had insured plaintiff's fleet of vehicles against casualties, including collision and upset, are here insisting that, for the reasons put forward...

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