ELLIS, Judge.
This is a proceeding wherein the plaintiff seeks damages against the insurer of Jennings Joseph Tate for personal damages, sustained when struck by the automobile of the insured. A trial upon the merits resulted in a judgment in favor of the defendant insurer, dismissing the suit. From this judgment plaintiff has appealed.
Shortly before the accident upon which this suit is based the plaintiff, Delta Thomas, was riding along U. S. Highway 167...
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