HARDIGG v. INGLETT

No. 7508.

250 F.2d 895 (1957)

James A. HARDIGG and Oscar C. Hardigg, Appellants, v. Cecil M. INGLETT, as Administrator of the Estate of Thomas W. Rivenbark, deceased, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 31, 1957.


Attorney(s) appearing for the Case

Julian B. Salley, Jr., Aiken, S. C. (Henderson, Salley & Cushman, Aiken, S. C., on the brief), for appellants.

Dorcey Lybrand, Aiken, S. C. (Lybrand, Simons & Smith, Aiken, S. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOBELOFF and HAYNSWORTH, Circuit Judges.


HAYNSWORTH, Circuit Judge.

Late in the evening of May 31, 1956, the plaintiff's decedent came to his death while riding as a passenger in an automobile owned by the defendant, Oscar C. Hardigg, and driven by his 20-year old son, the defendant James A. Hardigg. From a judgment entered upon a verdict for the plaintiff the defendants have appealed to this Court asserting principally that the plaintiff's decedent was guilty of contributory recklessness and wilfulness...

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