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FERGUSON v. SMITH

No. 7666.

257 F.2d 694 (1958)

Harry E. FERGUSON and wife, Juanita Ferguson, and Thomas Ferguson, Appellants, v. Sherwood H. SMITH, Jr., Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 30, 1958.

Attorney(s) appearing for the Case

Kester Walton and Herbert L. Hyde, Asheville, N. C. (Harkins, Van Winkle, Walton & Buck, Asheville, N. C., on the brief), for appellants.

H. Kenneth Lee, Asheville, N. C. (Elliott Adams, Jacksonville, Fla., on the brief), for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and BARKSDALE, District Judge.

BARKSDALE, District Judge.

This diversity action was instituted by Sherwood H. Smith, Jr., of Jacksonville, Fla., against Mr. and Mrs. Harry E. Ferguson and their son, Thomas Ferguson, of Sylva, N. C., for the recovery of damages for personal injuries sustained by the plaintiff. The case was tried by the court, sitting without a jury, and resulted in a judgment for the plaintiff in the sum of $16,500.00, and from this judgment defendants have appealed. Pursuant to...

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