No. 8827.

315 F.2d 429 (1963)

Holly JOHNSON, as Administrator of the Estate of Joseph Henry Fail, deceased, Appellee, v. Morgan F. LIVINGSTON, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 13, 1963.

Attorney(s) appearing for the Case

William A. Horger, Orangeburg, S. C. (Horger & Horger, Charlton B. Horger, and Marshall B. Williams, Orangeburg, S. C., on the brief), for appellant.

Henry Hammer and Henry H. Edens, Columbia, S. C. (Edens & Hammer, Columbia, S. C., Julian S. Wolfe, Lofton M. Fanning, and W. T. Klapman, Orangeburg, S. C., on the brief), for appellee.

Before HAYNSWORTH and BRYAN, Circuit Judges, and MICHIE, District Judge.

MICHIE, District Judge.

Appellee's intestate was killed when an automobile in which he was a passenger crashed into a stake-body truck, which had broken down and was being hauled by a pickup truck, and, both vehicles getting out of control, had skidded on the highway and come to a stop blocking the highway to traffic in either direction. The two vehicles belonged to the defendant Morgan F. Livingston and were being driven by the defendants Raymond Barnes and Bradley...

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