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WATERS v. McCLARY

Nos. 15952, 15953.

344 F.2d 75 (1965)

J. C. WATERS, Plaintiff-Appellant, v. Austin McCLARY, Sheriff of Polk County, Tennessee, et al., Defendants-Appellees. Yvonne WATERS, Plaintiff-Appellant, v. Austin McCLARY, Sheriff of Polk County, Tennessee, et al., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

April 13, 1965.

Attorney(s) appearing for the Case

Harry Berke, Chattanooga, Tenn., Berke & Berke and Thomas Gene Sinor, Chattanooga, Tenn., on brief, for plaintiffs-appellants.

H. Keith Harber, Chattanooga, Tenn., for appellee St. Paul Fire & Marine Ins. Co.

Before MILLER, O'SULLIVAN and PHILLIPS, Circuit Judges.

HARRY PHILLIPS, Circuit Judge.

This case presents the question of whether a sheriff and the surety on his official bond are liable for injuries and damages caused by the negligent operation of a county-owned automobile by a deputy sheriff while on routine patrol.

The jury returned a verdict of $50,000 in favor of plaintiff Yvonne Waters and $15,000 in favor of her husband against all four defendants, the deputy sheriff (driver of the automobile), Polk County...

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