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JOHNSON v. BUCKLEY

No. 19947.

317 F.2d 644 (1963)

Mrs. Bettye Jo JOHNSON, Individually and for and on behalf of her minor son, Joseph Richard Johnson, Appellants, v. Robert H. BUCKLEY, Emmett Boone, Bonnie Boone and Deaton Truck Lines, Inc., Appellees.

United States Court of Appeals Fifth Circuit.

May 24, 1963.

Attorney(s) appearing for the Case

Jess D. Ewing, Ross B. Clark, II, Memphis, Tenn., Francis T. Zachary, Hattiesburg, Miss., Rubert & Ewing, Memphis, Tenn., for appellants.

E. L. Snow, J. A. Covington, Meridian, Miss., M. M. Roberts, Hattiesburg, Miss., Snow, Covington, Shows & Watts, Roger B. Shows, Kenneth Watts, Meridian, Miss., for appellee Deaton Truck Lines, Inc.

Before CAMERON, BROWN and WISDOM, Circuit Judges.

CAMERON, Circuit Judge.

This is an appeal from a directed verdict in favor of the bailor for hire of a trailer, in an action for fatal injuries allegedly occurring by reason of a breach of duty by the bailor, Deaton Truck Lines, Inc., in furnishing the trailer to bailees, the Boones. The court below held that the bailor breached no duty to the appellant, a third party, and that the sole proximate cause of the accident was the negligent use of the trailer by the bailee...

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