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DRAKE v. DRISCOLL

No. 17653.

267 F.2d 274 (1959)

Malcolm Lamar DRAKE, Appellant, v. Joseph John DRISCOLL, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 20, 1959.

Attorney(s) appearing for the Case

James M. Embry, Dunway, Embry & Shelfer, Atlanta, Ga., for appellant.

Casper Rich, Noah J. Stone, Atlanta, Ga., for appellee.

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

HUTCHESON, Chief Judge.

This is an appeal from a judgment on a verdict for damages for personal injuries sustained by plaintiff in a highway collision between two automobiles, in one of which plaintiff was a guest passenger.

The defendant, the driver of the other car, is here assigning in several forms that, in its charge1 on plaintiff's duty to exercise care, the court in effect instructed...

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