FITZGERALD v. WEATHERLY

No. 8913.

317 F.2d 238 (1963)

Sadie B. FITZGERALD, Administratrix of the Estate of Patrick Parnell Fitzgerald, Deceased, Appellee, v. Robert P. WEATHERLY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 1, 1963.


Attorney(s) appearing for the Case

William Sanders, Princeton, W. Va., for appellant.

Wade H. Ballard, III, Peterstown, W. Va., and Robert S. Irons, Radford, Va. (Ballard & Ballard, Peterstown, W. Va., on brief), for appellee.

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


ALBERT V. BRYAN, Circuit Judge.

An automobile truck driven by Robert P. Weatherly ran over and killed Patrick Parnell Fitzgerald at night on a West Virginia highway. From a judgment of the District Court on a verdict against him in an action brought by Fitzgerald's administratrix under the State wrongful-death statute, Weatherly presses this appeal, pointing it with these assignments: (1) that the evidence failed to prove him at fault, (2) that it proved the decedent...

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