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COMPLETE AUTO TRANSIT v. FLOYD

No. 16424.

249 F.2d 396 (1957)

COMPLETE AUTO TRANSIT, Inc., Appellant, v. Deroy FLOYD et al., Appellees.

United States Court of Appeals Fifth Circuit.

As Modified on Denial of Rehearing January 14, 1958.

Attorney(s) appearing for the Case

Cubbedge Snow, Macon, Ga., T. Ross Sharpe, Lyons, Ga., Philip S. Ringel, Brunswick, Ga., Martin, Snow & Grant, Macon, Ga., Ringel & Ringer, Brunswick, Ga., Alvin L. Layne, Lyons, Ga., of counsel, for appellant.

J. H. Highsmith, Baxley, Ga., E. Way Highsmith, Brunswick, Ga., Gordon Knox, Jr., Hazlehurst, Ga., for appellees.

Before HUTCHESON, Chief Judge, and BORAH and CAMERON, Circuit Judges.

CAMERON, Circuit Judge.

Mrs. Deroy Floyd was fatally injured when the Farmall Tractor, on whose drawbar she was riding, was overtaken and struck by an empty motor vehicle carrier owned and operated by appellant, Complete Auto Transit, Inc. The accident happened on a public highway near Hazlehurst, Georgia, in the nighttime on a three percent curve. This action was brought by the husband and ten children (ranging from 4 to 25 years in age) of the decedent under the...

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