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NESBIT v. EVERETTE

No. 15588.

227 F.2d 157 (1955)

Claud W. NESBIT, Appellant, v. W. O. EVERETTE, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 1, 1955.

Attorney(s) appearing for the Case

C. I. Carey, Carey & Harrison, St. Petersburg, Fla., for appellant.

Geo. T. Shannon, Norman Stallings, Shackleford, Farrior, Shannon & Stallings, Tampa, Fla., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

HUTCHESON, Chief Judge.

The suit was for damages resulting from the head end collision at 8:10 at night of plaintiff's automobile with defendant's loaded truck-tractor and trailer, which unlighted and unprotected by flares, fusees, or other warnings, was parked on and obstructed the side of the highway down which plaintiff and his wife were traveling.

The claim was: that defendant in thus parking was guilty of gross...

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