GENERAL ELECTRIC COMPANY v. MORETZ

No. 7878.

272 F.2d 624 (1959)

GENERAL ELECTRIC COMPANY, Defendant and Third-Party Plaintiff, Appellant, v. Kelly C. MORETZ, Plaintiff, and The Mason & Dixon Lines, Inc., Third-Party Defendant, Appellees.

United States Court of Appeals Fourth Circuit.

Petition Denied November 25, 1959.


Attorney(s) appearing for the Case

John H. Doughty, Knoxville, Tenn., and John H. Locke, Roanoke, Va. (Gentry, Locke & Rakes, Roanoke, Va., and Hodges, Doughty & Carson, Knoxville, Tenn., on brief), for appellant.

A. Linwood Holton, Jr., Roanoke, Va. (Eggleston & Holton, Roanoke, Va., Todd & Todd, and Dodson & Dodson, Kingsport, Tenn., on brief), for appellee Kelly C. Moretz.

John H. Thornton, Jr., Roanoke, Va., and Duke Duvall, Oklahoma City, Okl. (Woods, Rogers, Muse & Walker, Roanoke, Va., on brief), for appellee Mason & Dixon Lines, Inc.

Arthur E. Smith and Evans B. Jessee, Roanoke, Va., on brief for Liberty Mut. Ins. Co.

Submitted to SOBELOFF, Chief Judge, SOPER, Circuit Judge, and THOMSEN, District Judge.


PER CURIAM.

As will appear from the opinion heretofore filed in this case, 270 F.2d 780, Mason & Dixon, a carrier of certain electrical equipment in interstate commerce, was held liable to indemnify General Electric, the shipper, for damages the shipper was held liable to pay to Kelly C. Moretz, the driver of Mason & Dixon's vehicle, for injuries suffered by him when the load because of improper stowage suddenly shifted in...

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