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CURRY v. OTT

No. 20065.

321 F.2d 902 (1963)

Althea CURRY, Administratrix of the Estate of Leslie Curry, Deceased, et al., Appellants, v. Mrs. Mildred Wattigny OTT, Executrix of the Estate of Melvin T. Ott, Deceased, Appellee.

United States Court of Appeals Fifth Circuit.

August 20, 1963.

Attorney(s) appearing for the Case

Jason H. Floyd, J. Boyce Holleman, Gulfport, Miss., Floyd & Holleman, Gulfport, Miss., of counsel, for appellants.

P. D. Greaves, Gulfport, Miss., Walter J. Phillips, Bay St. Louis, Miss., for appellee.

Before PHILLIPS, WISDOM and GEWIN, Circuit Judges.

PER CURIAM.

This case arose out of a head-on collision between automobiles driven by Leslie Curry and Melvin T. Ott. Both drivers were killed. Mrs. Curry sued Mrs. Ott, Executrix of Ott's Estate, for the wrongful death of her husband. Mississippi recognizes the doctrine of comparative negligence. The case was tried in the district court without a jury. There were no eye-witnesses. The evidence showed that the left wheels of Curry's automobile were at least two and...

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