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BURLESON v. CANADA

No. 8417.

297 F.2d 588 (1961)

Letha C. BURLESON, Appellant, v. I. S. CANADA and Mrs. C. C. Canada, Individually and as Partners, d/b/a Canada Lumber Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided December 9, 1961.

Attorney(s) appearing for the Case

William E. Chandler, Jr., Columbia, S. C. (Edens, Hammer & Glenn and Kermit S. King, Columbia, S. C., on brief), for appellant.

Harrell M. Graham, Columbia, S. C. (Turner, Padgett, Graham & McDonald, Heyward E. McDonald, Columbia, S. C., and R. E. Harrell, Kingstree, S. C., on brief), for appellees.

Before SOBELOFF, Chief Judge and SOPER and BRYAN, Circuit Judges.

SOPER, Circuit Judge.

Letha C. Burleson, plaintiff in the District Court, was seriously injured on July 28, 1956 when an automobile in which she was riding at 4:30 A.M., near Kingstree, S. C., ran into the rear of a tractor-trailer, loaded with lumber, which had broken down and was stalled on the highway. She sued James D. McCrae, the owner and driver of the tractor-trailer, for negligence in leaving his vehicle in the highway in the path of vehicular traffic and...

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