McFALL v. TOOKE

No. 14681.

308 F.2d 617 (1962)

Marable McFALL, Plaintiff-Appellee, v. John TOOKE, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

October 5, 1962.


Attorney(s) appearing for the Case

Adrian H. Terrell, Paducah, Ky. (Terrell, Schultzman & Hardy, Paducah, Ky., on the brief), for appellee.

William B. Byrd, Paducah, Ky. (Waller, Threlkeld, Whitlow & Byrd, Paducah, Ky., on the brief), for appellant.

Before CECIL, Chief Judge, and WEICK and O'SULLIVAN, Circuit Judges.


O'SULLIVAN, Circuit Judge.

This is an appeal by defendant-appellant, John Tooke, from a judgment of $43,090.65 entered upon a jury verdict in favor of plaintiff-appellee, Marable McFall. The action sought damages for personal injuries suffered by plaintiff when, as a pedestrian, he was struck by an automobile driven by defendant. This is a diversity case and Kentucky law controls.

Upon a first trial of the cause, the jury disagreed. The verdict upon which...

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